Iowa Admin. Code r. 441-99.104
Current through Register Vol. 47, No. 10, November 13, 2024
Rule 441-99.104 - Request for assistance to suspend(1)Submitting a request. The obligor and obligee subject to a support order being enforced by the unit may request that the unit assist in having the ongoing support provisions suspended as follows: a. A request for suspension shall be submitted to the local child support unit providing services using Form 470-3033 and Form 470-3032.b. The unit shall provide Forms 470-3032 and 470-3033 to the obligor or obligee upon request.c. Both forms must be signed by both the obligor and the obligee affected by the order to be suspended. In the event that current support payments are assigned to an individual or entity other than the obligee named in the original order, but may revert to the original obligee at a future date without court action, both the original obligee and the current assignee must sign both forms.d. Form 470-3032 must be notarized.e. The request shall contain sufficient information to allow the local unit to identify the court order and parties involved, and a statement that the obligor and obligee expect the basis for suspension to continue for not less than six months.f. If the obligor and obligee are requesting suspension of more than one order at the same time, the obligor and obligee shall be required to submit only one copy of Form 470-3033, identifying each order the request involves; however, the obligor and obligee shall be required to submit a separate, signed and notarized affidavit, Form 470-3032, for each order.(2)Denying a request. The local unit providing services shall issue a written notice to the obligor and obligee indicating that a properly completed request is denied.a. This notice shall be sent by first-class regular mail to the last-known address of the obligor and obligee or, if applicable, to the last-known address of the obligor's or obligee's attorney.b. If the basis for suspension is reconciliation, one notice shall be sent to the address shared by the obligor and obligee. If the basis for suspension is a change in residency of the children entitled to support, a separate notice shall be issued to the obligor and obligee at their respective last-known addresses.c. The notice denying a request shall indicate the reason for denial.d. A request for suspension shall be denied when the conditions specified in Iowa Code section 252B.20, rule 441-99.102(252B), or rule 441-99.103 (252B) are not met.e. Denial of a request is not subject to appeal or review under Iowa Code chapter 17A.Iowa Admin. Code r. 441-99.104
Amended by IAB November 9, 2016/Volume XXXIX, Number 10, effective 1/1/2017Amended by IAB February 8, 2023/Volume XLV, Number 16, effective 4/1/2023