1. If an obligor is not in compliance with a support order or the individual is not in compliance with a subpoena or warrant pursuant to section 252J.2, the unit mails a notice to the individual pursuant to section 252J.3, and the individual requests a conference pursuant to section 252J.4, the unit shall issue a written decision if any of the following conditions exists:

 a. The individual fails to appear at a scheduled conference under section 252J.4.
 b. A conference is held under section 252J.4.
 c. The obligor fails to comply with a written agreement entered into by the obligor and the unit under section 252J.5.

Terms Used In Iowa Code 252J.6

  • Certificate of noncompliance: means a document provided by the child support recovery unit certifying that the named individual is not in compliance with any of the following:
     a. See Iowa Code 252J.1
  • 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, and 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 252A.2
  • 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 249L.2
  • Dependent: shall mean and include a spouse, child, mother, father, grandparent, or grandchild who is in need of and entitled to support from a person who is declared to be legally liable for such support. See Iowa Code 252A.2
  • Dependent: A person dependent for support upon another.
  • 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
  • Individual: means a parent, an obligor, or a putative father in a paternity or support proceeding. See Iowa Code 252J.1
  • License: includes licenses for hunting, fishing, boating, or other recreational activity. See Iowa Code 252J.1
  • Licensing authority: means a county treasurer, county recorder or designated depositary, the supreme court, or an instrumentality, agency, board, commission, department, officer, organization, or any other entity of the state, which has authority within this state to suspend or revoke a license or to deny the renewal or issuance of a license authorizing an individual to register or operate a motor vehicle or to engage in a business, occupation, profession, recreation, or industry. See Iowa Code 252J.1
  • Obligor: means a natural person as defined in section 252G. See Iowa Code 252J.1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena or warrant: means a subpoena or warrant relating to a paternity or support proceeding initiated or obtained by the unit or a child support agency as defined in section 252H. See Iowa Code 252J.1
  • Support: means support or support payments as defined in section 252D. See Iowa Code 252J.1
  • Support order: means an order for support issued pursuant to chapter 232, 234, 252A, 252C, 252D, 252E, 252F, 252H, 598, 600B, or any other applicable chapter, or under a comparable statute of another state or foreign country as registered with the clerk of the district court or certified to the child support recovery unit. See Iowa Code 252J.1
  • Unit: means the child support recovery unit created in section 252B. See Iowa Code 252J.1
  • Withdrawal of a certificate of noncompliance: means a document provided by the unit certifying that the certificate of noncompliance is withdrawn and that the licensing authority may proceed with issuance, reinstatement, or renewal of an individual's license. See Iowa Code 252J.1
 2. The unit shall send a copy of the written decision to the individual by regular mail at the individual’s most recent address of record. If the decision is made to issue a certificate of noncompliance or to withdraw the certificate of noncompliance, a copy of the certificate of noncompliance or of the withdrawal of the certificate of noncompliance shall be attached to the written decision. The written decision shall state all of the following:

 a. That the certificate of noncompliance or withdrawal of the certificate of noncompliance has been provided to the licensing authorities named in the notice provided pursuant to section 252J.3.
 b. That upon receipt of a certificate of noncompliance, the licensing authority shall initiate proceedings to suspend, revoke, deny issuance, or deny renewal of a license, unless the licensing authority is provided with a withdrawal of a certificate of noncompliance from the unit.
 c. That in order to obtain a withdrawal of a certificate of noncompliance from the unit, the obligor shall enter into a written agreement with the unit, comply with an existing written agreement with the unit, or pay the total amount of delinquent support owed or the individual shall comply with a subpoena or warrant.
 d. That if the unit issues a written decision which includes a certificate of noncompliance, that all of the following apply:

 (1) The individual may request a hearing as provided in section 252J.9, before the district court as follows:

 (a) If the action is a result of section 252J.2, subsection 2, paragraph “a”, in the county in which the underlying support order is filed, by filing a written application to the court challenging the issuance of the certificate of noncompliance by the unit and sending a copy of the application to the unit within the time period specified in section 252J.9.
 (b) If the action is a result of section 252J.2, subsection 2, paragraph “b”, and the individual is not an obligor, in the county in which the dependent child or children reside if the child or children reside in Iowa; in the county in which the dependent child or children last received public assistance if the child or children received public assistance in Iowa; or in the county in which the individual resides if the action is the result of a request from a child support agency in another state or foreign country.
 (2) The individual may retain an attorney at the individual’s own expense to represent the individual at the hearing.
 (3) The scope of review of the district court shall be limited to demonstration of a mistake of fact related to the delinquency of the obligor or the compliance of the individual with a subpoena or warrant.
 3. If the unit issues a certificate of noncompliance, the unit shall only issue a withdrawal of the certificate of noncompliance if any of the following applies:

 a. The unit or the court finds a mistake in the identity of the individual.
 b. The unit finds a mistake in determining compliance with a subpoena or warrant.
 c. The unit or the court finds a mistake in determining that the amount of delinquent support due is equal to or greater than three months.
 d. The obligor enters a written agreement with the unit to comply with a support order, the obligor complies with an existing written agreement to comply with a support order, or the obligor pays the total amount of delinquent support owed.
 e. The individual complies with the subpoena or warrant.
 f. Issuance of a withdrawal of the certificate of noncompliance is appropriate under other criteria in accordance with rules adopted by the department pursuant to chapter 17A.
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