2009 Iowa Code
Title 6 - Human Services
Subtitle 6 - Children and Families
CHAPTER 252B - CHILD SUPPORT RECOVERY
252B.20 - SUSPENSION OF SUPPORT.

        252B.20  SUSPENSION OF SUPPORT.
         1.  If the unit is providing child support enforcement services
      pursuant to this chapter, the parents of a dependent child for whom
      support has been ordered pursuant to chapter 252A, 252C, 252F, 598,
      600B, or any other chapter, may jointly request the assistance of the
      unit in suspending the obligation for support if all of the following
      conditions exist:
         a.  The parents have reconciled and are cohabiting, and the
      child for whom support is ordered is living in the same residence as
      the parents, or the child is currently residing with the parent who
      is ordered to pay support.  If the basis for suspension under this
      paragraph applies to at least one but not all of the children for
      whom support is ordered, the condition of this paragraph is met only
      if the support order includes a step change.
         b.  The child for whom support is ordered is not receiving
      public assistance pursuant to chapter 239B, 249A, or a comparable law
      of a foreign jurisdiction, unless the person against whom support is
      ordered is considered to be a member of the same household as the
      child for the purposes of public assistance eligibility.
         c.  The parents have signed a notarized affidavit attesting to
      the conditions under paragraphs "a" and "b", have consented
      to suspension of the support order or obligation, and have submitted
      the affidavit to the unit.
         d.  No prior request for suspension has been filed with the
      unit during the two-year period preceding the request, unless the
      request was filed during the two-year period preceding July 1, 2005,
      the unit denied the request because the suspension did not apply to
      all children for whom support is ordered, and the parents jointly
      file a request on or after July 1, 2005.
         e.  Any other criteria established by rule of the department.

         2.  Upon receipt of the application for suspension and properly
      executed and notarized affidavit, the unit shall review the
      application and affidavit to determine that the necessary criteria
      have been met.  The unit shall then do one of the following:
         a.  Deny the request and notify the parents in writing that
      the application is being denied, providing reasons for the denial and
      notifying the parents of the right to proceed through private
      counsel.  Denial of the application is not subject to contested case
      proceedings or further review pursuant to chapter 17A.
         b.  Approve the request and prepare an order which shall be
      submitted, along with the affidavit, to a judge of a district court
      for approval, suspending the accruing support obligation and, if
      requested by the obligee, and if not prohibited by chapter 252K,
      satisfying the obligation of support due the obligee.  If the basis
      for suspension applies to at least one but not all of the children
      for whom support is ordered and the support order includes a step
      change, the unit shall prepare an order suspending the accruing
      support obligation for each child to whom the basis for suspension
      applies.
         3.  An order approved by the court for suspension of an accruing
      support obligation is effective upon the date of filing of the
      suspension order.  The satisfaction of an obligation of support due
      the obligee shall be final upon the filing of the suspension order.
      A support obligation which is satisfied is not subject to the
      reinstatement provisions of this section.
         4.  An order suspending an accruing support obligation entered by
      the court pursuant to this section shall be considered a temporary
      order for the period of six months from the date of filing of the
      suspension order.  However, the six- month period shall not include
      any time during which an application for reinstatement is pending
      before the court.
         5.  During the six-month period the unit may request that the
      court reinstate the accruing support order or obligation if any of
      the following conditions exist:
         a.  Upon application to the unit by either parent or other
      person who has physical custody of the child.
         b.  Upon the receipt of public assistance benefits, pursuant
      to chapter 239B, 249A, or a comparable law of a foreign jurisdiction,
      by the person entitled to receive support and the child on whose
      behalf support is paid, provided that the person owing the support is
      not considered to be a member of the same household as the child for
      the purposes of public assistance eligibility.
         6.  If a condition under subsection 5 exists, the unit may request
      that the court reinstate an accruing support obligation as follows:
         a.  If the basis for the suspension no longer applies to any
      of the children for whom an accruing support obligation was
      suspended, the unit shall request that the court reinstate the
      accruing support obligations for all of the children.
         b.  If the basis for the suspension continues to apply to at
      least one but not all of the children for whom an accruing support
      obligation was suspended and if the support order includes a step
      change, the unit shall request that the court reinstate the accruing
      support obligation for each child for whom the basis for the
      suspension no longer applies.
         7.  Upon filing of an application for reinstatement, service of
      the application shall be made either in person or by first class mail
      upon both parents.  Within ten days following the date of service,
      the parents may file a written objection with the clerk of the
      district court to the entry of an order for reinstatement.
         a.  If no objection is filed, the court may enter an order
      reinstating the accruing support obligation without additional
      notice.
         b.  If an objection is filed, the clerk of court shall set the
      matter for hearing and send notice of the hearing to both parents and
      the unit.
         8.  The reinstatement is effective as follows:
         a.  For reinstatements initiated under subsection 5, paragraph
      "a", the date the notices were served on both parents pursuant to
      subsection 7.
         b.  For reinstatements initiated under subsection 5, paragraph
      "b", the date the child began receiving public assistance
      benefits during the suspension of the obligation.
         c.  Support which became due during the period of suspension
      but prior to the reinstatement is waived and not due and owing unless
      the parties requested and agreed to the suspension under false
      pretenses.
         9.  If the order suspending a support obligation has been on file
      with the court for a period exceeding six months as computed pursuant
      to subsection 4, the order becomes final by operation of law and
      terminates the support obligation, and thereafter, a party seeking to
      establish a support obligation against either party shall bring a new
      action for support as provided by law.
         10.  This section shall not limit the rights of the parents or the
      unit to proceed by other means to suspend, terminate, modify,
      reinstate, or establish support.
         11.  This section does not provide for the suspension or
      retroactive modification of support obligations which accrued prior
      to the entry of an order suspending enforcement and collection of
      support pursuant to this section.  However, if in the application for
      suspension, an obligee elects to satisfy an obligation of accrued
      support due the obligee, the suspension order may satisfy the
      obligation of accrued support due the obligee.
         12.  Nothing in this section shall prohibit or limit the unit or a
      party entitled to receive support from enforcing and collecting any
      unpaid or unsatisfied support that accrued prior to the suspension of
      the accruing obligation.
         13.  For the purposes of chapter 252H regarding the criteria for a
      review under subchapter II of that chapter or for a cost-of-living
      alteration under subchapter IV of that chapter, if a support
      obligation is terminated or reinstated under this section, such
      termination or reinstatement shall not be considered a modification
      of the support order.
         14.  As used in this section, unless the context otherwise
      requires, "step change" means a change designated in a support
      order specifying the amount of the child support obligation as the
      number of children entitled to support under the order changes.  

         93 Acts, ch 79, §24; 94 Acts, ch 1171, §18; 96 Acts, ch 1141, § 4;
      97 Acts, ch 41, § 32; 98 Acts, ch 1170, §46, 47; 2005 Acts, ch 112,
      §2--5