Permanent child support obligations meeting the criteria set
forth in rule 441-99.82 (252H) may be modified
at the initiative of the unit, or upon written request of either parent subject
to the order submitted on Form 470-2749. Any action shall be limited to
adjustment, modification, or alteration of the child support or medical
provisions of the support order. The duration of the underlying order shall not
be modified. The procedures used by the child support recovery unit to
determine if a modification is appropriate are as follows:
(1)
Substantial change of
circumstances. Procedures to modify the support obligation may be
initiated outside the minimum time frame described in subrule 99.62(2) if a
request is received from either parent and if the parent has submitted verified
documentation of a substantial change in circumstances which indicates both of
the following:
a. A change of at least 50
percent in the net income of a parent as defined by guidelines. The new net
income will be compared to the net income upon which the current child support
obligation was based.
b. The change
is due to financial circumstances which have existed for a minimum period of
three months and can reasonably be expected to exist for an additional three
months.
The unit shall review the request and documentation and, if
appropriate, issue a notice of intent to modify as described in subrule
99.84(1).
(2)
Adding provisions for additional children. Procedures to
modify the support obligation may be initiated if:
a. A parent requests, in writing, or the unit
determines that it is appropriate to add an additional child to the support
order and modify the obligation amount according to the guidelines pursuant to
Iowa Code section 598.21B and Iowa Code section
252B.7A; and
b. Paternity has been legally established.
When adding a child to an order through administrative
modification, medical support provisions shall apply to the additional
child.
(3)
Reserved, zero-dollar-amount, or medical-provisions-only
orders. Procedures to modify the support obligation may be initiated
if:
a. A parent requests a modification in
writing or the unit determines that it is appropriate to include a support
amount based on the guidelines; and
b. The original order:
(1) Reserved establishment of an ongoing,
dollar-amount support obligation giving a specific reason other than lack of
personal jurisdiction over the obligor, or
(2) Set the amount at zero, or
(3) Was for medical provisions
only.
(4)
Corrections. Procedures to modify the support obligation may
be initiated if:
a. An error or omission
pertaining to child support or medical provisions was made during preparation
or filing of a support order; and
b. A necessary party requests a modification
or the unit determines that a modification to correct an error or omission is
appropriate.
(5)
Noncompliance by minor obligors. The unit may initiate
procedures to modify a support order if a parent requests modification in
writing or the unit determines that it is appropriate when:
a. An obligor who is under 18 years of age
fails to comply with the requirement to attend parenting classes pursuant to
Iowa Code section 598.21G; or
b. An obligor who is 19 years of age or
younger fails to provide proof of compliance with education requirements
described in Iowa Code section 598.21B(2)
"e"; or
c. The obligor no longer meets the age
requirements as defined in Iowa Code section
598.21B(2)
"e" or 598.21G.
(6)
Cost-of-living
alteration. A support order may be modified to provide a
cost-of-living alteration if all the following criteria are met:
a. A parent requests a cost-of-living
alteration in writing.
b. At least
two years have passed since the order was filed with the court or last
reviewed, modified, or altered.
c.
The nonrequesting parent signs a statement agreeing to the cost-of-living
alteration of the support order.
d.
Each parent signs a waiver of personal service accepting service by regular
mail.
e. The current support order
addresses medical support for the children.
f. A copy of each affected order is provided,
if the unit does not already have copies in its
files.
Notes
Iowa Admin. Code
r. 441-99.83
ARC 9352B, IAB 2/9/11,
effective 4/1/11; ARC 1357C, IAB 3/5/2014, effective 5/1/2014
Amended by
IAB
February 8, 2023/Volume XLV, Number 16, effective
4/1/2023
