Permanent child support obligations that are ongoing and
being enforced by the child support recovery unit or the child support agency
of another state shall be reviewed by the unit to determine whether or not to
adjust the obligation. The unit shall determine the appropriate obligation
amount using the child support guidelines. Iowa must have continuing, exclusive
jurisdiction to modify the order under Iowa Code chapter 252K.
(1)
Periodic review. A
permanent child support obligation being enforced by the child support recovery
unit and meeting the conditions in Iowa Code section
252H.12 may be reviewed upon the
initiative of the unit if:
a. The right to any
ongoing child support obligation is currently assigned to the state due to the
receipt of public assistance.
b.
The support order does not already contain medical support
provisions.
c. A review is
otherwise necessary to comply with state or federal law.
(2)
Review by request. A
review shall be conducted upon the request of the child support recovery agency
of another state or upon the written request of either parent subject to the
order submitted on Form 470-2749. One review may be conducted every two years
when the review is being conducted at the request of either parent. The request
for review may be no earlier than two years from the filing date of the support
order or most recent modification or the last completed review, whichever is
later.
(3)
Review
outcome.
a. Procedures to adjust the
support obligation shall be initiated only when the financial and other
information available to the child support recovery unit indicates that the:
(1) Present child support obligation varies
from the Iowa Supreme Court mandatory child support guidelines by more than 20
percent, and
(2) Variation is due
to a change in financial circumstances which has lasted at least three months
and can reasonably be expected to last for an additional three
months.
b. Procedures to
modify a support order may be initiated when the order does not include
provisions for medical support.
Notes
Iowa Admin. Code
r. 441-99.62
ARC 9352B, lAB 2/9/11,
effective 4/1/11
Amended by
IAB
February 8, 2023/Volume XLV, Number 16, effective
4/1/2023
