Iowa Code 252F.5 – Certification to district court
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1. Actions initiated under this chapter are not subject to contested case proceedings or further review pursuant to chapter 17A.
Terms Used In Iowa Code 252F.5
- Child: means a person who is less than age eighteen or a person who is age eighteen but less than age nineteen and is engaged full-time in completing high school graduation or equivalency requirements in a manner which is reasonably expected to result in completion of the requirements prior to the person reaching age nineteen. See Iowa Code 252F.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
- 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
- Party: means a putative father or a mother, as named in an action. See Iowa Code 252F.1
- Paternity test: means and includes any form of blood, tissue, or genetic testing administered to determine the biological father of a child. See Iowa Code 252F.1
- Putative father: means a person alleged to be the biological father of a child. See Iowa Code 252F.1
- Unit: means the child support recovery unit created in section 252B. See Iowa Code 252F.1
2. An action under this chapter may be certified to the district court if a party timely contests paternity establishment or paternity test results, or if a party requests a court hearing on the issues of child or medical support, or both, or upon the initiation of the unit as provided in this chapter. Review by the district court shall be an original hearing before the court.
3. In any action brought under this chapter, the action shall not be certified to the district court in a contested paternity action unless all of the following have occurred:
a. Paternity testing has been completed.
b. The results of the paternity test have been issued to all parties.
c. A timely written objection to paternity establishment or paternity test results has been received from a party, or a timely written request for a court hearing on the issue of support has been received from a party by the unit, or the unit has requested a court hearing on the unit’s own initiative.
4. A matter shall be certified to the district court in the county in which the notice was filed pursuant to section 252F.3, subsection 3.
5. The court shall set the matter for hearing and notify the parties of the time of and place for hearing.
6. If the court determines that the putative father is the legal father, the court shall establish the amount of the accrued and accruing child support pursuant to the guidelines established under section 598.21B, and shall establish medical support pursuant to chapter 252E.
7. If the putative father or another party contesting paternity fails to appear at the hearing, upon a showing that proper notice has been provided to the party, the court shall find the party in default and enter an appropriate order establishing paternity and support.