Iowa Admin. Code r. 441-99.109

Current through Register Vol. 47, No. 10, November 13, 2024

Rule 441-99.109 - Basis for suspension of support

(1)Child residing with obligor or caretaker. The unit shall assist an obligor in suspending support for a child residing with the obligor or with a caretaker who has not requested unit services, if the child has been residing with the obligor or caretaker for more than 60 consecutive days.

(2)Orders eligible for suspension.

a. The unit shall assist an obligor in suspending support for a child under this part only when there is no order in effect regarding legal custody, physical care, visitation, or parenting time for the child.

b. If an order exists that contains language regarding legal custody, physical care, visitation, or parenting time for the child, the unit shall deny the suspension request.

(3)Children on public assistance. The children for whom ongoing support is being suspended shall not be receiving public assistance pursuant to Iowa Code chapter 239B or 249A or a comparable law of another state or foreign country, or if the children are receiving public assistance, the obligor must be considered to be a member of the same household as the children for the purposes of public assistance eligibility.

(4)Duration of conditions. The basis for suspension of support under this part must reasonably be expected to continue for not less than six months from the date a request for assistance to suspend is received by the child support recovery unit.

(5)Affected children. The unit shall assist an obligor in suspending all or part of a support order as provided in this part if the basis for suspension as described in this rule applies to the children entitled to support under the order to be suspended as follows:

a. If the basis for suspension applies to all of the children, the unit shall assist in suspending support obligations for all of the children.

b. If the basis for suspension applies to at least one but not all of the children and if the support order includes a step change, the unit shall assist in suspending the support obligations for children for whom the basis for suspension applies.

(6)Limited to current support. The provisions in this part for suspending support apply only toward ongoing or current support. Any support that has accrued prior to the entry of an order suspending support, including judgments for past periods of time, is unaffected by the suspension.

Iowa Admin. Code r. 441-99.109

Amended by IAB November 9, 2016/Volume XXXIX, Number 10, effective 1/1/2017

Amended by IAB September 8, 2021/Volume XLIV, Number 5, effective 1/1/2022