Iowa Administrative Code

terminate an income withholding order under the following conditions: 98.18(1) Order entered in error. Child support services will terminate an income withholding order upon determination that the order was entered in error as follows: a. The person named as the obligor in the in…

previously issued income withholding order or notice according to the guidelines established under rule 441—98.7(252D) if it is determined that: 98.19(1) Current support obligation changed. There has been a change in the amount of the current support obligation. 98.19(2) Amount i…

98.2(1) Information from an employer. Child support services will gather information concerning a health benefit plan an employer may offer an obligor as follows: a. Child support services may send a form prescribed by the department whenever a potential employer is identified. b…

obligor any amounts improperly withheld and received by the department under an income withholding order or notice issued by child support services, subject to the following: 98.20(1) Services provided by the department. Only those amounts received by the department during the pe…

of workforce development notifies child support services that an individual who owes a child support obligation being enforced by child support services has been determined to be eligible for unemployment insurance benefits, child support services will enforce a child support obl…

order requiring the obligor to seek employment in accordance with Iowa Code section 252B.21. [ARC 8964C, IAB 2/19/25, effective 4/1/25]

effective 15 days after issuance of the order to the obligor. This 15-day period will serve as advance notice to the obligor. [ARC 8964C, IAB 2/19/25, effective 4/1/25]

The obligor shall complete a form prescribed by the department, which will be submitted to child support services on a weekly basis throughout the duration of the order unless the obligor has a valid reason for not complying with the order. The obligor will document at least five…

certain conditions will be considered valid reasons for noncompliance. At the request of child support services, the obligor will provide verification of any reason for noncompliance with the order when the information is not available to child support services through online sou…

be served on the obligor by regular mail. Proof of service will be completed according to Rule of Civil Procedure 1.442. [ARC 8964C, IAB 2/19/25, effective 4/1/25]

order will remain in effect for three months from the date of issuance unless child support services determines the obligor has a valid reason for noncompliance as specified at rule 441—98.25(252B), at which time the order becomes unenforceable. Upon acceptance of the reason for …

make a claim pursuant to 701—Chapter 26 against a payment owed to an obligor by a state agency when support is delinquent and the case qualifies for setoff. Any setoff received as the result of a claim against a payment owed to an obligor will be applied to court-ordered support …

pursuant to 701—Chapter 26 against an obligor’s state income tax refund or rebate when support is delinquent and the case qualifies for setoff. Any setoff received as the result of a claim against an obligor’s state income tax refund or rebate will apply to support that the depar…

insurer the signed documents necessary to enroll and process claims for the dependent for whom support is ordered, the insurer is authorized to accept the signature of the obligee or the department’s designee on necessary forms. For purposes of this chapter, the third-party liabi…

department will make a claim against an obligor’s federal income tax refund or federal nontax payment when delinquent support is owed. For purposes of this offset, delinquent support will include the entire balance of a judgment for accrued support, as provided in Iowa Code secti…

support payable for one month, child support services may issue an administrative levy pursuant to Iowa Code chapter 252I and according to Rule of Civil Procedure 1.442. [ARC 8964C, IAB 2/19/25, effective 4/1/25]

support services may refer an individual to a licensing agency for the suspension, revocation, nonissuance, or nonrenewal of a variety of licenses, including but not limited to motor vehicle registrations; driver’s licenses; business and professional licenses; and licenses for hu…

valid reasons for exemption from the license sanction process. Upon verification of these conditions, child support services will bypass, exempt, or withdraw the individual’s name from referral to licensing agencies for the purpose of applying a license sanction. When the informa…

selection, child support services may issue a notice to the individual of the potential sanction of any license held by the individual pursuant to Iowa Code chapter 252J using a form prescribed by the department. [ARC 8964C, IAB 2/19/25, effective 4/1/25]

98.35(1) Scheduling of conference. Upon receipt from an individual of a written request for a conference, child support services will schedule a conference not more than 30 days in the future. At the request of either child support services or the individual, the conference may b…

will require the obligor to pay the lower of the amount calculated in subrule 98.35(2) or the maximum amount payable under an income withholding order as specified in rule 441—98.7(252D). 98.36(1) Duration of payment agreement. The License Sanction Payment Agreement signed under …

at any time, pays the total support owed, both current and past due, or an individual complies with the subpoena or warrant, child support services will stay the process, and any form issued by the department will be withdrawn by child support services. [ARC 8964C, IAB 2/19/25, e…

until the obligor pays all support owed, both arrears and current; or the obligor enters into a payment agreement with child support services; or the obligor meets one of the criteria for exemption specified at subrules 98.33(1), 98.33(2), and 98.33(4); or the individual complies…

support services may make information available to consumer reporting agencies regarding the amount of delinquent support owed by a responsible person, but only in cases where the delinquent support exceeds $1,000. However, before child support services will release the informati…

98.4(1) Medical support enforcement. Medical support may be enforced pursuant to Iowa Code section 252E.12. 98.4(2) Health care coverage. a. If an obligor was ordered to provide health care coverage under an order but did not comply with the order, child support services may impl…

arrearages to a collection entity under contract with child support services or with another state entity. Upon referral, a surcharge, in addition to the support, shall be due and payable by the obligor as provided in Iowa Code chapter 252B. 98.40(1) Difficult-to-collect arrearag…

attorney licensed to practice law in Iowa may utilize judicial proceedings to collect support, at least a portion of which is assigned support, and be entitled to compensation by the state as provided in Iowa Code chapter 252B. 98.41(1) Eligible cases. To be eligible for attorney…

98.42(1) Under this chapter, an administrative appeal pursuant to 441—Chapter 7 will be limited to the following issues: a. A claim or offset is contested as provided in subrule 98.30(8) by a person’s alleging a mistake of fact. b. A name has been certified for passport sanction …

addition to those materials specified in Iowa Code section 17A.12(6), the notice of appeal and the verbatim record of the hearing. [ARC 8964C, IAB 2/19/25, effective 4/1/25] These rules are intended to implement Iowa Code sections 96.3, 252B.9, 252B.21, 252B.5, 252B.3, 252B.4, an…

of medical support by means of an informal conference with child support services, or by filing a motion to quash. 98.5(1) Motion to quash. Procedures for filing a motion to quash the order are specified under Iowa Code sections 252D.31 and 252E.6A. 98.5(2) Informal conference. a…

equal to the support payable for one month as specified by an order for support or reimbursement order and child support services is providing services under 441—Chapter 5, child support services will enter an order to withhold the obligor’s income not exempt by state or federal …

withheld by the employer or other income providers as follows: 98.7(1) Current support obligation exists. When a current support obligation exists, the amount withheld will be an amount equal to the current support obligation, and an additional amount equal to 20 percent of the c…

98.8(1) Request for amendment. If subrule 98.7(2) or 98.7(3) applies, the obligor may request at any time an amendment of the amount withheld as payment toward the delinquency or reimbursement on the grounds of hardship. The obligor must submit the request in writing to child sup…

Code section 252D.8 is automatic without additional notice to the obligor unless: 98.9(1) Good cause exists. Good cause is found to exist by the court or child support services. For purposes of this rule, “good cause” is defined as the posting of a secured bond by the obligor suf…

recurring income of both legal parents to determine the amount of the support award in accordance with the child support guidelines prescribed by the Iowa Supreme Court. Spousal support will be considered as specified in the Iowa Supreme Court guidelines and prior obligation spou…

support guidelines will be allowed when determining the amount of income subject to application of the guidelines. The parent claiming the deduction must provide the documentation necessary for computing allowable deductions. When applying the deductions specified in the Iowa Sup…

services will determine net income as prescribed by the Iowa Supreme Court guidelines. 99.3(1) Calculating net income. All allowable income and allowable deductions will be expressed in monthly amounts. Income and corresponding deductions received at a frequency other than monthl…

99.4(1) Applying the guidelines. Child support services will use the child support guidelines schedule as prescribed by the Iowa Supreme Court only for the number of children for whom support is being sought sharing the same two legal parents. Exception: For foster care recovery …

99.5(1) Criteria for deviation. The court will not vary from the amount of child support that would result from application of the guidelines without a written finding as required by the Iowa Supreme Court guidelines. 99.5(2) Supporting financial and legal documentation. a. The p…

appeal under 441—Chapter 7. [ARC 8965C, IAB 2/19/25, effective 4/1/25] These rules are intended to implement Iowa Code sections 234.39, 252B.3, 252B.5, 252B.7A, and 598.21(4). [Filed 8/12/93, Notice 6/23/93—published 9/1/93, effective 11/1/93] [Filed 7/12/95, Notice 5/24/95—publi…

10A.101 are incorporated herein. [ARC 9151C, IAB 4/30/25, effective 6/4/25]

1.2(1) Overview of the department. The department of inspections, appeals, and licensing is established by Iowa Code section 10A.102 and was created for the purpose of coordinating and conducting various audits, appeals, hearings, inspections, investigations, and licensing activi…

contacting the department at its offices located at 6200 Park Avenue, Suite 100, Des Moines, Iowa 50321; by telephone at 515.281.3425; or through its website at dial.iowa.gov. The department maintains additional contact information for divisions and programs on its website. [ARC …

1.4(1) Issuance of subpoenas. The director, or designee of the director, is authorized to issue subpoenas in accordance with the provisions of Iowa Code sections 10A.104(6), 10A.209, and 17A.13. In connection with audits, appeals, investigations, inspections, hearings, and any ot…

department shall not directly or indirectly sell or lease any goods, real estate, or services to individuals, associations, or corporations subject to the regulatory authority of the official’s or employee’s agency except as provided by Iowa Code section 68B.4 and rule 351—6.11(6…

“Administrative law judge (ALJ)” means the person who presides over contested cases and other proceedings. “Agency” means the agency as defined in Iowa Code subsection 17A.2(1) which has original subject matter jurisdiction in the contested case. “Appointing authority” means the …

10.10(1) Consolidation. The administrative law judge may, upon motion by any party or the ALJ’s own motion, consolidate any or all matters at issue in two or more proceedings docketed under these rules where: a. There exist common parties or common questions of fact or law; b. Co…

administrative law judge. If pleadings are required, they shall be filed as follows: 10.11(1) Petition. When an action of the agency is appealed and pleadings are required under this rule, the aggrieved party shall file the petition. a. Any required petition shall be filed within…

10.12(1) When service is required. Except where otherwise specifically authorized by law, every pleading, motion, or other document filed in the contested case proceeding and every document relating to discovery in the proceeding shall be served upon each of the parties to the pr…

10.13(1) Pursuant to Iowa Code section 17A.13, discovery procedures applicable in civil actions are applicable in contested cases. Unless lengthened or shortened by rules of the agency or by a ruling by the ALJ, time periods for compliance with discovery shall be as provided in t…