1. For any support order being enforced by the unit, the unit may enter an ex parte order requiring the obligor to seek employment if employment of the obligor cannot be verified and if the obligor has failed to make support payments. Advance notice is not required prior to entering the ex parte order. The order shall be served upon the obligor by regular mail, with proof of service completed as provided in rule of civil procedure 1.442. The unit shall file a copy of the order with the clerk of the district court.

Terms Used In Iowa Code 252B.21

  • Child: includes but shall not be limited to a stepchild, foster child, or legally adopted child and means a child actually or apparently under eighteen years of age or a dependent person eighteen years of age or over who is unable to maintain the person's self and is likely to become a public charge. See Iowa Code 252B.1
  • clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
  • Court: shall mean and include any court upon which jurisdiction has been conferred to determine the liability of persons for the support of dependents. See Iowa Code 252A.2
  • Department: means the department of human services. See Iowa Code 252B.1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Obligor: means the person legally responsible for the support of a child as defined in section 252D. See Iowa Code 252B.1
  • Rule: includes "regulation". See Iowa Code 4.1
  • Unit: means the child support recovery unit created in section 252B. See Iowa Code 252B.1
 2. The order to seek employment shall contain directives, including all of the following:

 a. That the obligor seek employment within a determinate amount of time.
 b. That the obligor file with the unit on a weekly basis a report of at least five new attempts to find employment or of having found employment. The report shall include the names, addresses, and the telephone numbers of any employers or businesses with whom the obligor attempted to seek employment and the name of the individual contact to whom the obligor made application for employment or to whom an inquiry was directed.
 c. That failure to comply with the notice is evidence of a willful failure to pay support under section 598.23A.
 d. That the obligor shall provide the child support recovery unit with verification of any reason for noncompliance with the order.
 e. The duration of the order, not to exceed three months.
 3. The department may establish additional criteria or requirements relating to seek employment orders by rule as necessary to implement this section.