Iowa Admin. Code r. 441-99.91

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

Rule 441-99.91 - Denying requests

A request for modification by a parent subject to the order may be denied if the criteria in rule 441-99.82 (252H) are not met or the following conditions exist:

(1)Nonsupport issues. The request is based entirely on issues such as custody, visitation, or parenting time rights.

(2)Request only for delinquent support. The request is for the sole purpose of modifying the amount of delinquent support that has accrued under a support order.

(3)Temporary order. The request is for the modification of a temporary support order.

(4)Two-year time frame. The request is for a cost-of-living alteration and it has been less than two years since the order was filed with the court or last reviewed, modified, or altered.

(5)Change of circumstances. The request is based on a substantial change in circumstances and:

a. The requestor's net income has not changed by at least 50 percent, as required in paragraph 99.83(1)"a," or

b. The requestor has not provided adequate documentation of the change in income, as required in subrule 99.85(1), or

c. The change in income has not yet lasted for three months, as required in paragraph 99.83(1)"b," or

d. The change in income is not expected to last another three months, as required in paragraph 99.83(1)"b," or

e. The change in income is due to material misrepresentation of fact, as explained in rule 441-99.87 (252H).

Iowa Admin. Code r. 441-99.91

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