CHAPTER 252A SUPPORT OF DEPENDENTS
See also chapter 252K, the Uniform Interstate Family Support Act

252A.1 TITLE AND PURPOSE.
252A.2 DEFINITIONS.
252A.3 LIABILITY FOR SUPPORT.
252A.3A ESTABLISHING PATERNITY BY AFFIDAVIT.
252A.4 AND 252A.4A
252A.5 WHEN PROCEEDING MAY BE MAINTAINED.
252A.5A LIMITATIONS OF ACTIONS.
252A.6 HOW COMMENCED -- TRIAL.
252A.6A ADDITIONAL PROVISIONS REGARDING PATERNITY ESTABLISHMENT.
252A.8 ADDITIONAL REMEDIES.
252A.10 COSTS ADVANCED.
252A.11 AND 252A.12
252A.13 RECIPIENTS OF PUBLIC ASSISTANCE -- ASSIGNMENT OF SUPPORT PAYMENTS.
252A.14 AND 252A.15
252A.17 REGISTRY OF FOREIGN SUPPORT ORDERS.
252A.18 REGISTRATION OF FOREIGN SUPPORT ORDER -- NOTICE.
252A.20 LIMITATION ON ACTIONS.
252A.21 THROUGH 252A.23
252A.24 AND 252A.25



        

252A.1 TITLE AND PURPOSE. This chapter may be cited and referred to as the "Support of Dependents Law". The purpose of this chapter is to secure support in civil proceedings for dependent spouses, children and poor relatives from persons legally responsible for their support.

         Section History: Early Form

         [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 252A.1] 

         Section History: Recent Form

         97 Acts, ch 175, §8
        

252A.2 DEFINITIONS. As used in this chapter, unless the context shall require otherwise, the following terms shall have the meanings ascribed to them by this section: 1. "Birthing hospital" means a private or public hospital licensed pursuant to chapter 135B that has a licensed obstetric unit or is licensed to provide obstetric services, or a licensed birthing center associated with a hospital. 2. "Child" includes but shall not be limited to a stepchild, foster child, or legally adopted child and means a child actually or apparently under eighteen years of age, and a dependent person eighteen years of age or over who is unable to maintain the person's self and is likely to become a public charge. 3. "Court" shall mean and include any court upon which jurisdiction has been conferred to determine the liability of persons for the support of dependents. 4. "Dependent" shall mean and include a spouse, child, mother, father, grandparent, or grandchild who is in need of and entitled to support from a person who is declared to be legally liable for such support. 5. "Institution" means a birthing hospital. 6. "Party" means a petitioner, a respondent, or a person who intervenes in a proceeding instituted under this chapter. 7. "Petitioner" includes each dependent person for whom support is sought in a proceeding instituted pursuant to this chapter or a mother or putative father of a dependent. However, in an action brought by the child support recovery unit, the state is the petitioner. 8. "Petitioner's representative" includes counsel of a dependent person for whom support is sought and counsel for a mother or putative father of a dependent. In an action brought by the child support recovery unit, "petitioner's representative" includes a county attorney, state's attorney and any other public officer, by whatever title the officer's public office may be known, charged by law with the duty of instituting, maintaining, or prosecuting a proceeding under this chapter or under the laws of the state. 9. "Putative father" means a man who is alleged to be or who claims to be the biological father of a child born to a woman to whom the man is not married at the time of the birth of the child. 10. "Register" means to file a foreign support order in the registry of foreign support orders maintained as a filing in equity by the clerk of court. 11. "Respondent" includes each person against whom a proceeding is instituted pursuant to this chapter. "Respondent" may include the mother or the putative father of a dependent. 12. "State registrar" means state registrar as defined in section 144.1.

         Section History: Early Form

         [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 252A.2; 82 Acts,
      ch 1004, § 6, 7] 

         Section History: Recent Form

         93 Acts, ch 79, §11; 94 Acts, ch 1171, §10, 11; 97 Acts, ch 175, §
      9; 2002 Acts, ch 1162, §78
        

252A.3 LIABILITY FOR SUPPORT. For the purpose of this chapter: 1. A spouse is liable for the support of the other spouse and any child or children under eighteen years of age and any other dependent. The court shall establish the respondent's monthly support payment and the amount of the support debt accrued and accruing pursuant to section 598.21A or 598.21B, as applicable. 2. A parent is liable for the support of the parent's child or children under eighteen years of age, whenever the other parent of such child or children is dead, or cannot be found, or is incapable of supporting the child or children, and, if the liable parent is possessed of sufficient means or able to earn the means. The court having jurisdiction of the respondent in a proceeding instituted under this chapter shall establish the respondent's monthly support payment and the amount of the support debt accrued and accruing pursuant to section 598.21B. The support obligation shall include support of a parent's child between the ages of eighteen and nineteen years if the child is engaged full-time in completing high school graduation or equivalency requirements in a manner which is reasonably expected to result in completion of the requirements prior to the person reaching nineteen years of age. 3. The parents are severally liable for the support of a dependent child eighteen years of age or older, whenever such child is unable to maintain the child's self and is likely to become a public charge. 4. A child or children born of parents who, at any time prior or subsequent to the birth of such child, have entered into a civil or religious marriage ceremony, shall be deemed the legitimate child or children of both parents, regardless of the validity of such marriage. 5. A child or children born of parents who held or hold themselves out as husband and wife by virtue of a common law marriage are deemed the legitimate child or children of both parents. 6. A man or woman who was or is held out as the person's spouse by a person by virtue of a common law marriage is deemed the legitimate spouse of such person. 7. Notwithstanding the fact that the respondent has obtained in any state or country a final decree of divorce or separation from the respondent's spouse or a decree dissolving the marriage, the respondent shall be deemed legally liable for the support of any dependent child of such marriage. 8. The parents of a child born out of wedlock shall be severally liable for the support of the child, but the liability of the father shall not be enforceable unless paternity has been legally established. Paternity may be established as follows: a. By order of a court of competent jurisdiction or by administrative order when authorized by state law. b. By the statement of the person admitting paternity in court and upon concurrence of the mother. If the mother was married, at the time of conception, birth, or at any time during the period between conception and birth of the child, to an individual other than the person admitting paternity, the individual to whom the mother was married at the time of conception, birth, or at any time during the period between conception and birth must deny paternity in order to establish the paternity of the person admitting paternity upon the sole basis of the admission. c. Subject to the right of any signatory to rescind as provided in section 252A.3A, subsection 12, by the filing and registration by the state registrar of an affidavit of paternity executed on or after July 1, 1993, as provided in section 252A.3A, provided that the mother of the child was unmarried at the time of conception, birth, and at any time during the period between conception and birth of the child or if the mother was married at the time of conception, birth, or at any time during the period between conception and birth of the child, a court of competent jurisdiction has determined that the individual to whom the mother was married at that time is not the father of the child. d. By establishment of paternity in a foreign jurisdiction in any manner provided for by the laws of that jurisdiction. 9. If paternity of a child born out of wedlock is established as provided in subsection 8, the court shall establish the respondent's monthly support payment and the amount of the support debt accrued and accruing pursuant to section 598.21B. The support obligation shall include support of the child between the ages of eighteen and nineteen years if the child is engaged full-time in completing high school graduation or equivalency requirements in a manner which is reasonably expected to result in completion of the requirements prior to the person reaching nineteen years of age. 10. The court may order a party to pay sums sufficient to provide necessary food, shelter, clothing, care, medical or hospital expenses, including medical support as defined in chapter 252E, expenses of confinement, expenses of education of a child, funeral expenses, and such other reasonable and proper expenses of the dependent as justice requires, giving due regard to the circumstances of the respective parties.

         Section History: Early Form

         [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 252A.3] 

         Section History: Recent Form

         89 Acts, ch 166, § 2; 93 Acts, ch 79, §12; 94 Acts, ch 1171, §12;
      96 Acts, ch 1141, § 16; 97 Acts, ch 175, § 1, 10, 11; 2005 Acts, ch
      69, §2, 3
         Referred to in § 144.12A, 144.13, 252A.3A, 600B.41A
         Spousal support debt for medical assistance to institutionalized
      spouse; chapter 249B
        

252A.3A ESTABLISHING PATERNITY BY AFFIDAVIT. 1. The paternity of a child born out of wedlock may be legally established by the completion, filing, and registration by the state registrar of an affidavit of paternity only as provided by this section. 2. When paternity has not been legally established, paternity may be established by affidavit under this section for the following children: a. The child of a woman who was unmarried at the time of conception, birth, and at any time during the period between conception and birth of the child. b. The child of a woman who is married at the time of conception, birth, or at any time during the period between conception and birth of the child if a court of competent jurisdiction has determined that the individual to whom the mother was married at that time is not the father of the child. 3. a. Prior to or at the time of completion of an affidavit of paternity, written and oral information about paternity establishment, developed by the child support recovery unit created in section 252B.2, shall be provided to the mother and putative father. Video or audio equipment may be used to provide oral information. b. The information provided shall include a description of parental rights and responsibilities, including the duty to provide financial support for the child, the benefits of establishing paternity, and the alternatives to and legal consequences of signing an affidavit of paternity, including the rights available if a parent is a minor. c. Copies of the written information shall be made available by the child support recovery unit or the Iowa department of public health to those entities where an affidavit of paternity may be obtained as provided under subsection 4. 4. a. The affidavit of paternity form developed and used by the Iowa department of public health is the only affidavit of paternity form recognized for the purpose of establishing paternity under this section. It shall include the minimum requirements specified by the secretary of the United States department of health and human services pursuant to 42 U.S.C. § 652(a)(7). A properly completed affidavit of paternity form developed by the Iowa department of public health and existing on or after July 1, 1993, but which is superseded by a later affidavit of paternity form developed by the Iowa department of public health, shall have the same legal effect as a paternity affidavit form used by the Iowa department of public health on or after July 1, 1997, regardless of the date of the filing and registration of the affidavit of paternity, unless otherwise required under federal law. b. The form shall be available from the state registrar, each county registrar, the child support recovery unit, and any institution in the state. c. The Iowa department of public health shall make copies of the form available to the entities identified in paragraph "b" for distribution. 5. A completed affidavit of paternity shall contain or have attached all of the following: a. A statement by the mother consenting to the assertion of paternity and the identity of the father and acknowledging either of the following: (1) That the mother was unmarried at the time of conception, birth, and at any time during the period between conception and birth of the child. (2) That the mother was married at the time of conception, birth, or at any time during the period between conception and birth of the child, and that a court order has been entered ruling that the individual to whom the mother was married at that time is not the father of the child. b. If paragraph "a", subparagraph (2), is applicable, a certified copy of the filed order ruling that the husband is not the father of the child. c. A statement from the putative father that the putative father is the father of the child. d. The name of the child at birth and the child's birth date. e. The signatures of the mother and putative father. f. The social security numbers of the mother and putative father. g. The addresses of the mother and putative father, as available. h. The signature of a notary public attesting to the identities of the parties signing the affidavit of paternity. i. Instructions for filing the affidavit. 6. A completed affidavit of paternity shall be filed with the state registrar. However, if the affidavit of paternity is obtained directly from the county registrar, the completed affidavit may be filed with the county registrar who shall forward the original affidavit to the state registrar. For the purposes of legal establishment of paternity under this section, paternity is legally established only upon filing of the affidavit with and registration of the affidavit by the state registrar subject to the right of any signatory to recision pursuant to subsection 12. 7. The state registrar shall make copies of affidavits of paternity and identifying information from the affidavits filed and registered pursuant to this section available to the child support recovery unit created under section 252B.2 in accordance with section 144.13, subsection 4, and any subsequent recision form which rescinds the affidavit. 8. An affidavit of paternity completed and filed with and registered by the state registrar pursuant to this section has all of the following effects: a. Is admissible as evidence of paternity. b. Has the same legal force and effect as a judicial determination of paternity subject to the right of any signatory to recision pursuant to subsection 12. c. Serves as a basis for seeking child or medical support without further determination of paternity subject to the right of any signatory to recision pursuant to subsection 12. 9. All institutions in the state shall provide the following services with respect to any newborn child born out of wedlock: a. Prior to discharge of the newborn from the institution, the institution where the birth occurs shall provide the mother and, if present, the putative father, with all of the following: (1) Written and oral information about establishment of paternity pursuant to subsection 3. Video or audio equipment may be used to provide oral information. (2) An affidavit of paternity form. (3) An opportunity for consultation with the staff of the institution regarding the written information provided under subparagraph (1). (4) An opportunity to complete an affidavit of paternity at the institution, as provided in this section. b. The institution shall file any affidavit of paternity completed at the institution with the state registrar, pursuant to subsection 6, accompanied by a copy of the child's birth certificate, within ten days of the birth of the child. 10. a. An institution may be reimbursed by the child support recovery unit created in section 252B.2 for providing the services described under subsection 9, or may provide the services at no cost. b. An institution electing reimbursement shall enter into a written agreement with the child support recovery unit for this purpose. c. An institution entering into an agreement for reimbursement shall assist the parents of a child born out of wedlock in completing and filing an affidavit of paternity. d. Reimbursement shall be based only on the number of affidavits completed in compliance with this section and submitted to the state registrar during the duration of the written agreement with the child support recovery unit. e. The reimbursement rate is twenty dollars for each completed affidavit filed with the state registrar. 11. The state registrar, upon request of the mother or the putative father, shall provide the following services with respect to a child born out of wedlock: a. Written and oral information about the establishment of paternity pursuant to subsection 3. Video or audio equipment may be used to provide oral information. b. An affidavit of paternity form. c. An opportunity for consultation with staff regarding the information provided under paragraph "a". 12. a. A completed affidavit of paternity may be rescinded by registration by the state registrar of a completed and notarized recision form signed by either the mother or putative father who signed the affidavit of paternity that the putative father is not the father of the child. The completed and notarized recision form shall be filed with the state registrar for the purpose of registration prior to the earlier of the following: (1) Sixty days after the latest notarized signature of the mother or putative father on the affidavit of paternity. (2) Entry of a court order pursuant to a proceeding in this state to which the signatory is a party relating to the child, including a proceeding to establish a support order under this chapter, chapter 252C, 252F, 598, or 600B or other law of this state. b. Unless the state registrar has received and registered an order as provided in section 252A.3, subsection 8, paragraph "a", which legally establishes paternity, upon registration of a timely recision form the state registrar shall remove the father's information from the certificate of birth, and shall send a written notice of the recision to the last known address of the signatory of the affidavit of paternity who did not sign the recision form. c. The Iowa department of public health shall develop a recision form and an administrative process for recision. The form shall be the only recision form recognized for the purpose of rescinding a completed affidavit of paternity. A completed recision form shall include the signature of a notary public attesting to the identity of the party signing the recision form. The Iowa department of public health shall adopt rules which establish a fee, based upon the average administrative cost, to be collected for the registration of a recision. d. If an affidavit of paternity has been rescinded under this subsection, the state registrar shall not register any subsequent affidavit of paternity signed by the same mother and putative father relating to the same child. 13. The child support recovery unit may enter into a written agreement with an entity designated by the secretary of the United States department of health and human services to offer voluntary paternity establishment services. a. The agreement shall comply with federal requirements pursuant to 42 U.S.C. § 666(a)(5)(C) including those regarding notice, materials, training, and evaluations. b. The agreement may provide for reimbursement of the entity by the state if reimbursement is permitted by federal law.

         Section History: Recent Form

         93 Acts, ch 79, §13; 94 Acts, ch 1171, §13; 95 Acts, ch 52, §2; 97
      Acts, ch 175, § 2; 98 Acts, ch 1170, §28--31
         Referred to in § 144.13, 144.40, 252A.3, 252A.6A, 252C.4,
      252K.201, 598.21E, 600B.41A
        

252A.4 AND 252A.4A Repealed by 97 Acts, ch 175, § 21, 22.

252A.5 WHEN PROCEEDING MAY BE MAINTAINED. Unless prohibited pursuant to 28 U.S.C. § 1738B, a proceeding to compel support of a dependent may be maintained under this chapter in any of the following cases: 1. Where the petitioner and the respondent are residents of or domiciled or found in this state or where this state may exercise personal jurisdiction over a nonresident respondent under section 252K.201. 2. Whenever the state or a political subdivision thereof furnishes support to a dependent, it has the same right through proceedings instituted by the petitioner's representative to invoke the provisions hereof as the dependent to whom the support was furnished, for the purpose of securing reimbursement of expenditures so made and of obtaining continuing support; the petition in such case may be verified by any official having knowledge of such expenditures without further verification of any person and consent of the dependent shall not be required in order to institute proceedings under this chapter. The child support recovery unit may bring the action based upon a statement of a witness, regardless of age, with knowledge of the circumstances, including, but not limited to, statements by the mother of the dependent or a relative of the mother or the putative father. 3. If the child support recovery unit is providing services, the unit has the same right to invoke the provisions of this section as the dependent for which support is owed for the purpose of securing support. The petition in such case may be verified by any official having knowledge of the request for services by the unit, without further verification by any other person, and consent of the dependent shall not be required in order to institute proceedings under this chapter. The child support recovery unit may bring the action based upon the statement of a witness, regardless of age, with knowledge of the circumstances, including, but not limited to, statements by the mother of the dependent or a relative of the mother or the putative father.

         Section History: Early Form

         [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 252A.5] 

         Section History: Recent Form

         96 Acts, ch 1141, §18; 97 Acts, ch 175, § 12; 2003 Acts, ch 62, §6

        

252A.5A LIMITATIONS OF ACTIONS. 1. An action to establish paternity and support under this chapter may be brought within the time limitations set forth in section 614.8. 2. Notwithstanding subsection 1, an action to establish paternity and support under this chapter may be brought concerning a person who was under age eighteen on August 16, 1984, regardless of whether any prior action was dismissed because a statute of limitations of less than eighteen years was then in effect. Such an action may be brought within the time limitations set forth in section 614.8, or until July 2, 1992, whichever is later.

         Section History: Recent Form

         90 Acts, ch 1224, §3
        

252A.6 HOW COMMENCED -- TRIAL. 1. A proceeding under this chapter shall be commenced by filing a verified petition in the court in equity in the county where the dependent resides or is domiciled, or if the dependent does not reside in or is not domiciled in this state, where the petitioner or respondent resides, or where public assistance has been provided for the dependent. The petition shall show the name, age, residence, and circumstances of the dependent, alleging that the dependent is in need of and is entitled to support from the respondent, giving the respondent's name, age, residence, and circumstances, and praying that the respondent be compelled to furnish such support. The petitioner may include in or attach to the petition any information which may help in locating or identifying the respondent including, but without limitation by enumeration, a photograph of the respondent, a description of any distinguishing marks of the respondent's person, other names and aliases by which the respondent has been or is known, the name of the respondent's employer, the respondent's fingerprints, or social security number. 2. It shall not be necessary for the dependent or the dependent's witnesses to appear personally at a hearing on the petition, but it shall be the duty of the petitioner's representative to appear on behalf of and represent the petitioner at all stages of the proceeding. 3. If at a hearing on the petition the respondent controverts the petition and enters a verified denial of any of the material allegations, the judge presiding at the hearing shall stay the proceedings. The petitioner shall be given the opportunity to present further evidence to address issues which the respondent has controverted. 4. If the respondent appears at the hearing and fails to answer the petition or admits the allegations of the petition, or if, after a hearing, the court has found and determined that the prayer of the petitioner, or any part of the prayer, is supported by the evidence adduced in the proceeding, and that the dependent is in need of and entitled to support from a party, the court shall make and enter an order directing a party to furnish support for the dependent and to pay a sum as the court determines pursuant to section 598.21A or 598.21B, as applicable. Upon entry of an order for support or upon failure of a person to make payments pursuant to an order for support, the court may require a party to provide security, a bond, or other guarantee which the court determines is satisfactory to secure the payment of the support. Upon the party's failure to pay the support under the order, the court may declare the security, bond, or other guarantee forfeited. 5. The court making such order may require the party to make payment at specified intervals to the clerk of the district court or to the collection services center, and to report personally to the sheriff or any other official, at such times as may be deemed necessary. 6. A party who willfully fails to comply with or who violates the terms or conditions of the support order or of the party's probation shall be punished by the court in the same manner and to the same extent as is provided by law for a contempt of such court or a violation of probation ordered by such court in any other suit or proceeding cognizable by such court. 7. Except as provided in 28 U.S.C. § 1738B, any order of support issued by a court shall not supersede any previous order of support issued in a divorce or separate maintenance action, but the amounts for a particular period paid pursuant to either order shall be credited against amounts accruing or accrued for the same period under both. This subsection also applies to orders entered following an administrative process including, but not limited to, the administrative processes provided pursuant to chapters 252C and 252F.

         Section History: Early Form

         [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 252A.6] 

         Section History: Recent Form

         85 Acts, ch 100, § 1; 89 Acts, ch 166, § 3; 93 Acts, ch 79, §35;
      96 Acts, ch 1141, § 19, 20; 97 Acts, ch 175, § 13; 2003 Acts, ch 62,
      §7; 2005 Acts, ch 69, §4
         Referred to in § 252A.6A, 252A.13, 602.8102(47)
        

252A.6A ADDITIONAL PROVISIONS REGARDING PATERNITY ESTABLISHMENT. 1. When an action is initiated under this chapter to establish paternity, all of the following shall apply: a. Except with the consent of all parties, the trial shall not be held until after the birth of the child and shall be held no earlier than twenty days from the date the respondent is served with notice of the action or, if blood or genetic tests are conducted, no earlier than thirty days from the date the test results are filed with the clerk of the district court as provided under section 600B.41. b. If the respondent, after being served with notice as required under section 252A.6, fails to timely respond to the notice, or to appear for blood or genetic tests pursuant to a court or administrative order, or to appear at a scheduled hearing after being provided notice of the hearing, the court shall find the respondent in default, and shall enter an order establishing paternity and establishing the monthly child support payment and the amount of the support debt accrued and accruing pursuant to section 598.21B, or medical support pursuant to chapter 252E, or both. c. Appropriate genetic testing procedures shall be used which include any genetic test generally acknowledged as reliable by accreditation bodies designated by the secretary of the United States department of health and human services and which are performed by a laboratory approved by such an accreditation body. d. A copy of a bill for blood or genetic testing, or for the cost of prenatal care or the birth of the child, shall be admitted as evidence without requiring third- party foundation testimony and shall constitute prima facie evidence of amounts incurred for testing. 2. When an action is initiated to establish child or medical support based on a prior determination of paternity and the respondent files an answer to the notice denying paternity, all of the following shall apply: a. (1) If the prior determination of paternity is based on an affidavit of paternity filed pursuant to section 252A.3A, or an administrative order entered pursuant to chapter 252F, or an order by the courts of this state, or by operation of law when the mother and established father are or were married to each other, the provisions of section 600B.41A are applicable. (2) If the court determines that the prior determination of paternity should not be overcome, pursuant to section 600B.41A, and that the party has a duty to provide support, the court shall enter an order establishing the monthly child support payment and the amount of the support debt accrued and accruing pursuant to section 598.21B, or medical support pursuant to chapter 252E, or both. b. If the prior determination of paternity is based on an administrative or court order or by any other means, pursuant to the laws of a foreign jurisdiction, an action to overcome the prior determination of paternity shall be filed in that jurisdiction. Unless the party requests and is granted a stay of an action to establish child or medical support, the action shall proceed as otherwise provided. 3. If the expert analyzing the blood or genetic test concludes that the test results demonstrate that the putative father is not excluded and that the probability of the putative father's paternity is ninety-nine percent or higher and if the test results have not been challenged, the court, upon motion by a party, shall enter a temporary order for child support to be paid pursuant to section 598.21B. The court shall require temporary support to be paid to the clerk of court or to the collection services center. If the court subsequently determines the putative father is not the father, the court shall terminate the temporary support order. All support obligations which came due prior to the order terminating temporary support are unaffected by this action and remain a judgment subject to enforcement.

         Section History: Recent Form

         94 Acts, ch 1171, §14; 95 Acts, ch 67, §18; 97 Acts, ch 175, §
      3--5, 14--17; 2005 Acts, ch 69, §5--7
        

252A.7 Repealed by 97 Acts, ch 175, § 21, 22.

252A.8 ADDITIONAL REMEDIES. Unless otherwise provided pursuant to 28 U.S.C. § 1738B, this chapter shall be construed to furnish an additional or alternative civil remedy and shall in no way affect or impair any other remedy, civil or criminal, provided in any other statute and available to the petitioner in relation to the same subject matter.

         Section History: Early Form

         [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 252A.8] 

         Section History: Recent Form

         96 Acts, ch 1141, §21
        

252A.9 Repealed by 97 Acts, ch 175, § 21, 22.

252A.10 COSTS ADVANCED. Actual costs incurred in this state incidental to any action brought under the provisions of this chapter shall be advanced by the initiating party or agency, as appropriate, unless otherwise ordered by the court. Where the action is brought by an agency of the state or county there shall be no filing fee or court costs of any type either advanced by or charged to the state or county.

         Section History: Early Form

         [C58, 62, 66, 71, 73, 75, 77, 79, 81, § 252A.10] 

         Section History: Recent Form

         97 Acts, ch 175, §6
        

252A.11 AND 252A.12 Repealed by 97 Acts, ch 175, § 21, 22.

252A.13 RECIPIENTS OF PUBLIC ASSISTANCE -- ASSIGNMENT OF SUPPORT PAYMENTS. 1. If public assistance is provided by the department of human services to or on behalf of a dependent child or a dependent child's caretaker, there is an assignment by operation of law to the department of any and all rights in, title to, and interest in any support obligation, payment, and arrearages owed to or on behalf of the child or caretaker not to exceed the amount of public assistance paid for or on behalf of the child or caretaker as follows: a. For family investment program assistance, section 239B.6 shall apply. b. For foster care services, section 234.39 shall apply. c. For medical assistance, section 252E.11 shall apply. 2. The department shall immediately notify the clerk of court by mail when such child or caretaker has been determined to be eligible for public assistance. Upon notification by the department, the clerk of court shall make a notation of the automatic assignment in the judgment docket and lien index. The notation constitutes constructive notice of the assignment. If the applicant for public assistance, for whom public assistance is approved and provided on or after July 1, 1997, is a person other than a parent of the child, the department shall send notice of the assignment by regular mail to the last known addresses of the obligee and obligor. The clerk of court shall forward support payments received pursuant to section 252A.6, to which the department is entitled, to the department, unless the court has ordered the payments made directly to the department under that section. The department may secure support payments in default through other proceedings. 3. The clerk shall furnish the department with copies of all orders or decrees awarding and temporary domestic abuse orders addressing support when the parties are receiving public assistance or services are otherwise provided by the child support recovery unit. Unless otherwise specified in the order, an equal and proportionate share of any child support awarded is presumed to be payable on behalf of each child, subject to the order or judgment, for purposes of an assignment under this section.

         Section History: Early Form

         [C77, 79, 81, § 252A.13; 82 Acts, ch 1237, § 2] 

         Section History: Recent Form

         83 Acts, ch 96, § 157, 159; 97 Acts, ch 175, § 7; 2008 Acts, ch
      1019, §3, 7
         Referred to in § 602.8102(47)
        

252A.14 AND 252A.15 Reserved.

252A.16 Repealed by 97 Acts, ch 175, § 21, 22.

252A.17 REGISTRY OF FOREIGN SUPPORT ORDERS. The petitioner may register a foreign support order in a court of this state in the manner and with the effect provided in chapter 252K. The clerk of the court shall maintain a registry of foreign support orders in which foreign support orders shall be filed. The filing is in equity.

         Section History: Early Form

         [82 Acts, ch 1004, § 3] 

         Section History: Recent Form

         97 Acts, ch 175, § 18
        

252A.18 REGISTRATION OF FOREIGN SUPPORT ORDER -- NOTICE. Registration of a foreign support order shall be in accordance with chapter 252K except that, with regard to service, promptly upon registration, the clerk of the court shall send a notice, by restricted certified mail to the respondent, of the registration with a copy of the registered support order or the respondent may be personally served with the notice and the copy of the order in the same manner as original notices are personally served. The clerk shall also docket the case and notify the prosecuting attorney of the action.

         Section History: Early Form

         [82 Acts, ch 1004, § 4] 

         Section History: Recent Form

         93 Acts, ch 78, §2; 97 Acts, ch 175, § 19
         Referred to in § 600B.41A
        

252A.19 Repealed by 97 Acts, ch 175, § 21, 22.

252A.20 LIMITATION ON ACTIONS. Issues related to visitation, custody, or other provisions not related to the support provisions of a support order shall not be grounds for a hearing, modification, adjustment, or other action under this chapter.

         Section History: Recent Form

         93 Acts, ch 78, §5; 96 Acts, ch 1141, § 23; 97 Acts, ch 175, § 20
        

252A.21 THROUGH 252A.23 Reserved.

252A.24 AND 252A.25 Repealed by 97 Acts, ch 175, § 21, 22.

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