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Iowa State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
The Child Support Recovery Unit (CSRU), with a central office in Des Moines, Iowa, is the State of Iowa's IV-D agency. There are 22 CSRU field offices within Iowa.
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
Iowa Code section 252B.7
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A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No
A2.3. If yes, please explain.
Not applicable

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
Iowa Code Chapter 252K
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
Iowa only needs one set of documents for an intergovernmental case referral.

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
Iowa has reciprocity agreements with France, Germany, and Sweden but all these countries are Hague Convention countries.
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
Not applicable
C2. Has your state established reciprocity with any Native American tribal courts?
No
C2.1. If yes, list the tribes and identify services provided, if less than full services.
Not applicable
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
No
C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) **

D. Age of Majority

D1. What is the age of majority in your state?
Age 18. Younger individuals may attain majority by marriage.
D2. What is the statutory citation for the age of majority?
Iowa Code section 599.1
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D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
Law prior to 7/1/97: 18, or as ordered by the court. Law after 7/1/97: 18, or up to age 19 if completing high school or general education equivalency requirements full time and child is reasonably expected to graduate by age 19. Iowa Code section 598.1(9).
D4. Does the date of the order determine the law that is applied?
Yes
D4.1. If yes, please explain.
Law prior to 7/1/97: 18, or as ordered by the court. Law after 7/1/97: 18, or up to age 19 if completing high school or general education equivalency requirements full time and child is reasonably expected to graduate by age 19. Iowa Code section 598.1(9).
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
Child support generally will not end when a child leaves the household, but does not emancipate. Child support will end, however, if there is an order terminating support.
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
For a child of any age who is dependent on the parents because of physical or mental disability. Iowa Code section 598.1(9).
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?
Yes
D7.1. If yes, please describe the procedure.
Child support will automatically reduce if an order indicates that child support is to reduce. Orders established by the Unit contain automatic adjustments to lower support amounts based on the support guidelines. The Unit may also modify adjustments previously set during a modification action. Private bar orders may or may not include adjustments for support based on each child reaching the duration limits set within an order. The Unit may adjust or add reductions in support to private orders if the Unit modifies or adjusts orders through proper administrative actions.
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
Yes
D8.1 If not, how does this affect interstate referrals?

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?
No statute of limitations after 7/1/97. Iowa Code 614.1(6) Prior to 7/1/97: 20 years from date of each child support installment.
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E2. What is your State's statute of limitations for paternity establishment?
Child's 19th birthday (age of majority plus 1 year). Iowa Code 252F.1
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E3. Is dormancy revival/renewal possible?
Yes
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
Laches and estoppel defenses possible. New statute-probably no revival. Statute does not resurrect payments barred by statute of limitations in force prior to 7/1/97.
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F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Pure income shares Iowa Court Rules: Chapter 9
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F2. Does your state charge interest on arrears?
No
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
General interest charge on late payments in law but not commonly applied to child support. 10% interest not commonly enforced
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F3. Does your state charge interest on retroactive support?
Yes
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
Only if reduced to or included in judgment. State allows 10% interest but does not require Child Support Recovery Unit to collect - not commonly enforced.
F4. Does your state charge interest on adjudicated arrears?
Yes
F4.1. If yes, please indicate the amount of interest charged and any related conditions.
Only if reduced to a judgment. State allows 10% interest but does not require Child Support Recovery Unit agency to collect - not commonly enforced. Iowa Code: 252B.6
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes
F5.1. If yes, under what circumstances?
If reduced to a dollar amount in a judgment.
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
No
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
N/A
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
N/A
F7. Does your state recover costs on behalf of the initiating state?
Yes
F7.1. Optional comments regarding recovery of initiating state's fees.
Genetic tests in contested paternity case
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
Iowa Code section 252K.201.
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
Establish-No. Enforce-Yes, if also enforcing a child support obligation. Modify-No.
F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)
We do not require any information, but we may ask for it if that person is providing health insurance for the child.
F10.1. Optional comments regarding required information on spouse or partner.
Not applicable
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
State statute allows Iowa to retain the support from the payee.
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
Yes
F11.2 Does your state collect the fee from the person applying for IV-D services?
No
F11.3. Does your state collect the fee from the absent parent?
No
F11.4. Does your state pay the fee out of its own funds?
When the support distributed to the family is greater than $500 but less than $525, Iowa pays the difference between the support retained from the payee and the $25 total. Additionally, Iowa pays the fee on qualifying cases where the payee lives in another country.
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
October 1, 2009
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
No
F14. Does your state participate in the pass-through in former assistance cases?
No
F14.1. If yes, provide the date.
Not applicable
F15. Will your state discontinue eligible assignments under the DRA of 2005?
F15.1. If yes, list the eligible assignments your state would discontinue.
We will un-assign post October 1, 1997 support
F15.2. When will your state discontinue each type of assignment?
October 1, 2009
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA distribution
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
When Iowa TANF is expended, child support accruing under an Iowa order is automatically assigned to the State. (Iowa Code 252A.13.) A court order redirection needs completed for another jurisdiction's TANF.
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F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
When Iowa Medicaid is being expended, cash medical support accruing under an Iowa order is automatically assigned to the State. (Iowa Code 252A.13.) A court order redirection needs completed for another jurisdiction's Medicaid. A court action is needed in order to redirect child support payments to the new payee.
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F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
A court action is needed in order to redirect child support payments to the new payee.
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F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
From the payee after the first $500 is distributed to the family.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
No
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
N/A
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
No
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
No

G. Income Withholding

G1. What specific source of income is not subject to withholding?
Those from federally exempt sources.
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
Yes
G2.1. If yes, what are those limits?
50% of the obligor's disposable income unless there is more than one support order for which the obligor is obligated and the criteria of 15 U.S.C. 1673(b) are met, or the obligor agrees to a greater amount within these limits.
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
$ 2.00 per withholding (at employer's option).
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G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
Within 10 days of receipt of the income withholding order or notice. No later than the first pay period that occurs 10 days after the date of receipt of this Notice.
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within 7 business days of withholding.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Simple misdemeanor for first offense, and serious misdemeanor for subsequent offenses, for failing to withhold or remit withheld amounts; is liable for the accumulated amount which should have been withheld, together with costs, interest, and reasonable attorney fees.
G7. What is the penalty to an employer for failure to remit payments withheld?
Simple misdemeanor for first offense, and serious misdemeanor for subsequent offenses, for failing to withhold or remit withheld amounts; is liable for the accumulated amount which should have been withheld, together with costs, interest, and reasonable attorney fees.
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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No
G8.1. Explain your process for receiving direct withholding orders across state lines.
Iowa automatically sends the Income Withholding for Support on all Iowa IV-D cases. If another state wants Iowa to withhold support from unemployment benefits, they need to send Transmittal # 1 to Iowa's Central Registry to begin enforcement in Iowa.
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G8.2. What documents are required to intercept UI benefits?
If another state wants Iowa to withhold support from unemployment benefits, they need to send Transmittal # 1 to Iowa's Central Registry to begin enforcement in Iowa.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
Yes
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
Contact payor of benefits.
G10. How does an obligor contest income withholding in your state?
An informal conference can be requested with the Child Support Recovery Unit. Obligor also has the right to file a Motion to Quash in district court.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
According to 252D.18A of the Code of Iowa, the following laws apply: * The total of all amounts withheld shall not exceed the amounts specified in 15 U.S.C. 1673(b). * Priority shall be given to the withholding of current support rather than delinquent support. The payor shall not allocate amounts withheld in a manner which results in the failure to withhold an amount for one or more of the current support obligations. When collections are received, they are prorated among all cases for that obligor.
G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?
Yes
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.

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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Yes, Iowa follows the Federal Consumer Credit Protection Action (15 U.S.C., 1672 (b)). Withholdings required by law include State and Federal taxes, Social Security taxes; Medicare taxes, and state and local government employees' retirement system (IPERS) (mandatory retirement); and union dues if withheld from payroll.
G13. When does your state require the employer to send notice of an employee's termination?
Iowa law requires an employer to promptly notify the court or the child support recovery unit when an obligor's employment or other income terminates, and to provide us with the obligor's last known address and the name and address of a new employer, if known.
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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Yes, through Web site at www.iowachildsupport.gov
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G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Employer
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G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.
State law does not specify.
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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
Arrears are paid in order from newest to oldest. When a case is former assistance, the family arrears have priority over any state arrears. If the case is current assistance, any state's arrears have priority again in date order from newest to oldest.
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
441 Iowa Administrative Code 95.3 (252B)
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G21. Does your state's law require a signature on the income withholding order?
Yes

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
H1.1. If yes, please explain.
Not applicable
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
95% Iowa Code: 252F.3 and 600B.41(5)(b)
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
Iowa Code: 252A.3A
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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
07/01/1993
H4.1. Were acknowledgments prior to that effective date rebuttable?
No
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
An affidavit form was an acknowledgment or admission of paternity by the putative father. It was a valuable piece of information, but it did not establish paternity by itself. Iowa Code: 252A.3A
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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
It can be challenged in court. Iowa Code: 600B.41A
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H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
No
H6.1. If no, briefly explain.
A man's name listed on the Iowa birth certificate does not legally establish paternity. Iowa CSRU and Iowa Bureau of Health Statistics (BHS) cannot provide states a copy of a birth certificate for any reason. Iowa Code: 252A.3A
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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
Not applicable. A man's name listed on the Iowa birth certificate does not legally establish paternity. Iowa CSRUand Iowa Bureau of Health Statistics (BHS) cannot provide a copy of a birth certificate for any reason.
H8. Does your state have any other paternity-related presumptions?
Yes
H8.1. If yes, briefly explain.
Declaration of Paternity Registry
H9. Does your state have a putative fathers' registry?
Yes
H9.1. If yes, what is the name of that entity?
Declaration of Paternity Registry. Iowa Code 144.12A.
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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
Yes
H10.1. If yes, please describe any circumstances under which these fees may be waived.
Fees are not waived. Iowa Code 144.13A, 144.45 and 641. Iowa Administrative Code 96.4. http://www.legis.state.ia.us/aspx/ACODocs/agencyList.aspx
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H11. Is common-law marriage recognized in your state?
Yes
H11.1. If yes, briefly describe the standard that defines common-law marriage.
Common law marriage is not recognized for paternity establishment. In all other actions, we require intent and agreement to be married, continuous cohabitation, and public declaration of the parties. Iowa Code 252F.1.
H11.2. When did your current common-law standard go into effect?
H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?
Not applicable
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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
Teleconferencing
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
Iowa Code 252K.201
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H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
If the amount is reduced to a judgment or is considered by that state's statute as a child support cost or fee. Please provide the language from your statute that supports collection of the fee as child support.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
Acknowledgment of paternity or a court order establishing paternity
H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?
Iowa allows one set of documents for all children involved.

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Administrative in most cases (the administrative process is actually quasi-judicial since a judge must sign an approval order approving the administrative order).
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
Most actions are administrative.
I1.2. Under what circumstances would a judicial process would be used?
Judicial might be used when paternity is legally established for some but not all of the children.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
Administrative establishment-Iowa Code Chapter 252C. Administrative Paternity Establishment-Iowa Code Chapter 252F.
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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
Custodial Parent Iowa Court Rules: Chapter 9
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I3. What criteria for rebutting your presumptive guidelines have been established in your state?
Substantial injustice to the non-custodial parent, custodial parent, or child; adjustments are necessary to provide for the needs of the child and to do justice between the parties under the special circumstances of the case; the court shall not use earning capacity rather than actual earnings unless a written determination is made that, if actual earnings were used, substantial injustice would occur or adjustments would be necessary to provide for the needs of the child or to do justice between the parties. Iowa Court Rules: Chapter 9
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I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
Up to three years during which AFDC or TANF has been expended. Arrearages are not sought for non-public assistance cases. Based on current net income and child support guidelines.
I4.2. What information or documentation does your State require to proceed?
Financial information about both parties. Iowa Code: 252B.9(b)
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I4.3. Will your state allow a petition for support when the only issue is retroactive support?
No
I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
Not applicable
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
We use the administrative processes in establishment, modification, and some of our enforcement actions. Establishment: 252C and 252F Modification: 252H
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I6. What is your state's statutory authority for the administrative process?
Administrative establishment-Iowa Code Chapter 252C. Administrative Paternity Establishment-Iowa Code Chapter 252F.
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I7. Is there a local state law that allows an interstate administrative subpoena?
Title 441 Iowa Administrative Code 96.1(2)
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No Iowa Code: 252A, 252C, and 252F
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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
No
I10. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
No. However, support must be redirected to the new custodial parent.
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
Modification
I12. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before a support order is modified or established?
Yes. However, we would have to go to court on the issue of support. Also, we have a suspension process that could end the support, if both parents agree. Iowa Code section 252B.20.
I13. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before support can be redirected to the new payee?
Yes. See I12.
I14. What methods of personal service does your state use? **
Forward documents needing to be served to the sheriff or other public official Forward documents needing to be served to a private contractor Other, please specify Service by certified mail
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
I17. Please provide the relevant statutory or case law citation. **
252E Iowa Court Rules Chapter 9
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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
No
I18.1 If yes, indicate the appropriate responses. **

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).
J1.1. Are your state income tax refund procedures judicial, administrative, or both?
Administrative.
J2. Is the lien process in your state judicial, administrative, or both?
Administrative.
J2.1. What are the trigger criteria for filing a lien?
Automatic judgment in County where support order is filed.
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J2.2. Where are your state liens filed?
County.
J2.3. Does your state charge a fee for filing a lien?
Yes
J2.4. If yes, please indicate the amount.
Real Property -$10.00, Personal Property-None (Vehicles)
J.3. Does your state enforce property seizure and sale?
Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Judicial.
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Administrative.
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?
No advance notice required.
J4.2. Does your state's income withholding definition include amounts in financial institutions?
No.
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J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
State.
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
Notify obligor 2 business days after notifying financial institution to freeze assets.
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
One month delinquency.
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
An amount equal to the ordered support payable for one month.
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J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
Yes
J5.3.1. If yes, please provide the time frame.
One month.
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
Yes
J5.4.1. If yes, provide the percentage.
Up to 50%.
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
Not applicable
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
Yes. $100
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
State.
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
10 business days from date of Freeze and Seize notice to contact the Child Support Recovery Unit.
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J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
10 business days from date of decision of administrative challenge to contact Child Support Recovery Unit to request a district court hearing.
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
A mistake of fact, including but not limited to, a mistake in identity of the obligor or a mistake in the amount of delinquent support due.
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J5.10. Is your state's complaint review process judicial, administrative, or both?
First review is administrative; second review is judicial.
J5.11. What are your state's penalties for incorrect seizures?
No penalties for financial institutions. The child support agency may pay fees assessed by financial institution if challenge results in mistake of fact.
J5.12. Is the second challenge administrative, judicial, or both?
Judicial.
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
10 business days from date on Freeze and Seize notice to request administrative review. 10 business days from date of decision to request district court hearing. No unique requirements. Non-debtor has same appeal rights as obligor.
J5.14. Is the freeze and seize operation in your state centralized or automated?
Centralized and automated.
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
Financial institution may assess the obligor a $10 levy-processing fee.
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
Yes
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
The child support agency works with the financial institution on a case-by-case basis.
For Additional Information - No Link Provided
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
Yes, the financial institution.
For Additional Information - No Link Provided
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
No sooner than 15 calendar days and no later than 20 calendar days from the receipt of the Freeze and Seize notice.
For Additional Information - No Link Provided
J6. Does your state withhold state funds or benefits?
Yes
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?
Administrative.
J7. Describe any other administrative enforcement procedures your state may have.
Seek employment.
J8. Describe any other judicial enforcement procedures your state may have.
Garnishment, contempt of court, attachment of property.
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
Use federal interstate lien form, mail to Clerk of Court in the county where the property is located.
For Additional Information - exit disclaimer
J10. Which of your state's enforcement remedies are available without judicial actions?
Any administrative process.
J11. Describe your state's procedures for registering and enforcing another state's order.
Upon registration, a foreign support order is treated in the same manner as any Iowa-issued order, except it can only be modified if UIFSA conditions are met. The respondent has 20 days after receiving notice of registration to petition the court to vacate the registration or obtain other relief. If no contest, registration complete by operation of law.
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
Contempt, garnishment, seizure and sale, or bond action, etc., may be initiated
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes
J13.1. If yes, provide the statutory citation.
Iowa Code chapter 626A.
For Additional Information - exit disclaimer
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Iowa submits an obligor's child support information to credit bureaus when the support order is registered and/or filed in Iowa for enforcement. If the case is an interstate case, Iowa only reports the case if Iowa is the responding state. The support order must be registered and/or filed in Iowa for enforcement and the payor must have a IV-D balance over $1,000.
J15. To which credit bureaus does your state report an obligor's child support information?
Equifax
J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
J19. What documentation does your state require to proceed with an AEI request?
J20. What mandatory data elements does your state need to process AEI requests?

For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm
J21. Which additional data elements would aid your state in processing AEI requests?
J22. How many copies/sets of documents does your state require with an AEI request?
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
Transmittal #3 or Transmittal #1 (if necessary)
J25. What is the procedure for obtaining a certified copy of a court order?
A Transmittal #3 needs to be sent to Iowa's Central Registry.
J26. What is the procedure for obtaining a certified payment record?
A Transmittal #3 needs to be sent to Iowa's Central Registry.
J27. Is there a cost for requesting a certified copy of a court order or payment record?
There is not cost for certified court order or payment records when requested from Iowas Central Registry.
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
Certain exemptions are allowed for the license sanction process. Also, payors can enter into a temporary payment agreement that keeps the license from being suspended as long as payor complies with the temporary agreement.
J29. What triggers a driver's license revocation?
Three month delinquency and no income withholding payments in the previous 60 days.
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
Yes
J29.2 If yes, what is the amount?
Three month delinquency
J30. Under what conditions may a noncustodial party restore the driver's license?
The payor has four options: Pay all arrears and current support due pay case to zero, or Provide income provider information must be verified, or Provide exemption information must be verified, or Request a conference, attend the conference, and follow through with the requirements from the conference
J30.1 What is the process for restoring a driver's license?
Contact CSRU to complete any of the four options listed in question J30 above. CSRU will then contact the Iowa Department of Transportation IDOT to allow payer's license to be reinstated if the IDOT reinstatement conditions are met.
J31. Does your state allow temporary or conditional driver's licenses?
No
J31.1 If yes, what are the conditions?
N/A
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
N/A
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
J33.2 What is the dollar amount?
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
J36.2 What is the dollar amount?
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
J38.2 What is the dollar amount?
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every two years upon request, for customer request; every three years for mandatory TANF reviews. Iowa Administrative Code 44-99.62(2)
For Additional Information - exit disclaimer
K2. Briefly describe your state's modification procedure.
Administrative procedure notifies party of forthcoming process, asks for financial information from both parents, complete guidelines calculation, adjust if it meets substantial change or variance requirements. Opportunity for challenge and court hearing. Determination of controlling order within modification process if multiple state orders.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
2 year reviews - 20% variation from guidelines support amount. Special circumstances - less than 2 years if proof of 50% change in one parent's net income or other criteria. See K4.7. In court process, 10% variation from the mandatory child support guidelines represents a substantial change.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes
K4.6. There has been a substantial change in childcare expenses.
Yes
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
A child may be added to the order, the original obligation was set at zero or reserved, medical insurance provisions may be added, a minor obligor is out of compliance with parenting class or educational requirements; cost of living in special circumstance when both parties agree to a cost-of-living alteration.
K5. Does your state have cost of living adjustments (COLAs) for orders?
Yes
K5.1. If yes, what index does your state use?
Consumer Price Index for all urban consumers, U.S. city average. See K4.7.
K6. How does your state credit SSA disability to current and past-due support?
SSD lump sum payments can satisfy past due support. SSD payments to children can satisfy child support dollar for dollar. The amount received by the children is added to the obligor's income.
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
No
K7.1. If yes, explain the circumstances?
Not applicable
K7.2. What is the statutory citation for your abatement law?
Not applicable
For Additional Information - No Link Provided
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.
Transmittal #3.
For Additional Information - No Link Provided
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Mail requests for copies of birth certificates on your state letterhead to the Iowa Bureau of Health Statistics, Lucas State Office Building, 321 E. 12th St, Des Moines, IA 50319. Include the child's information and a $15 payment with your request. Iowa Bureau of Health Statistics can only provide a copy of a paternity affidavit to another state's IV-D agency by court order. Iowa's Bureau of Health Statistics provides copies of paternity affidavit to one of the parent's name on the paternity affidavit with a $15 payment. For questions about obtaining copies of paternity affidavits or birth certificates for a IV-D purpose, please contact Iowa's IV-D agency.
K8. What information does your state require to register an out-of-state order for enforcement/modification?
Modification: General Testimony, Uniform Support Petition, Transmittal # 1 and a certified copy of the order and payment record. Enforcement: Certified court orders, payment record, and Transmittal # 1. Iowa may enforce an order administratively rather than register it. If the court order needs to be registered, Iowa also needs a registration statement for each court order.
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
Yes. Iowa's administrative rules address when a support obligation ends, rather than when the child reaches the age of emancipation. When the current support obligation has ended, Iowa's administrative rules require the income withholding order remain in effect until all delinquency is satisfied. The amount withheld shall be equal to the amount of the most recent current support obligation, which is greater than zero. If no income withholding order is in place, a current obligation has ended, and a court order establishes the monthly (or other periodic) amount due for repayment of arrears, CSRU will use available enforcement tools to collect the amount currently due under the court order. If no court order establishes a payment plan for arrears, CSRU will use available enforcement tools to collect the lump sum of all arrears due.
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
Iowa's administrative rules address when a support obligation ends, rather than when the child reaches the age of emancipation. When the current support obligation has ended, Iowa's administrative rules require the income withholding order remain in effect until all delinquency is satisfied. The amount withheld shall be equal to the amount of the most recent current support obligation, which is greater than zero. If no income withholding order is in place, a current obligation has ended, and a court order establishes the monthly (or other periodic) amount due for repayment of arrears, CSRU will use available enforcement tools to collect the amount currently due under the court order. If no court order establishes a payment plan for arrears, CSRU will use available enforcement tools to collect the lump sum of all arrears due.
K10. What circumstances will cause your state to end child support before the normal duration? **
The child emancipates before the normal duration The child marries The child is adopted by someone other than the non-custodial parent The child support order states that child support ceases prior to the normal duration The child enters into military service prior to the normal duration

L. Payments

L1. Does your state define a lump sum payment?
Yes
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
Sole payment or payments occurring at two-month or greater intervals.
L1.2 Provide the statutory citation.
Iowa Code section 252D.18C
For Additional Information - exit disclaimer
L2. Does your state law require employers to report lump sum payments?
No
L2.1 If yes, give the statutory citation or rule.
Not applicable
For Additional Information - No Link Provided
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
No
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
Not applicable
L4. How are employers instructed to report a pending lump sum?
The employer can either contact the Child Support Employer's Unit at 877-274-2580 or e-mail them at CSRUE@dhs.state.ia.us
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
Instructions are provided to the employer as soon as the information is received. The child support recovery unit shall provide notice of the income withholding order by sending a notice of the order to the obligor's payor of income by regular mail or by electronic means. This notice is provided to the payor of income (employer) as soon as the information is received.
L6. Does your state use the income-withholding order to attach the lump sum payment?
L7. Does your state use the lien/levy process to attach lump sum payments?
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
L8. What other documents does your state use to attach lump sum payments?
N/A
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
N/A
L9.1. If yes, what are those limits?
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
50% of the obligor's disposable income unless there is more than one support order for which the obligor is obligated and the criteria of 15 U.S.C. 1673(B) are met, or the obligor agrees to a greater amount within these limits.
For Additional Information - No Link Provided
L9.3. If yes, what are those limits?
L9.4. If no, what percentage is the employer required to withhold?
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
L10.1 If yes, would the employer only withhold for that period's obligation?
L11. Does your state have a direct deposit program?
No
L11.1 If so, specify the vendor.
Payees may elect to have payments direct deposited into a personal checking or savings account, but there is no state facilitated direct deposit program involving a vendor.
L12. Does your state have a debit card program?
Yes
L12.1 If so, specify the vendor.
U.S. Bank
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
No
L13.1 If so, are there fees involved?
No
L14. What are the fees associated with using the card?
ATM withdrawal is free at U.S. Bank or MoneyPass ATM, $1.25 per withdrawal at other ATMs. $2.00 per month inactivity fee after 365 consecutive days. $15 for expedited card replacement. Up to 3% of transaction amount for each foreign transaction.
L15. How does your state collect child support payments from an obligor? **
Payments must be made to a central location. Payments may be made by check or warrant. Payments may be made by credit card. Payments may be made in cash.
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Payments for a foreign reciprocating or treaty countries are via warrant.
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are process through a designated authority All payments are process upon receipt
L18. Does your state process electronic payments in international cases? **
No
L18.1 If so, describe the process. **
N/A
L19. What is your state's International Bank Account Number (IBAN)? **
N/A

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - exit disclaimer
M1.1. Additional information on the CCPA.

For Additional Information - exit disclaimer
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
No
M2.1. If yes, provide the statutory citation
Not applicable
For Additional Information - No Link Provided
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
Not applicable
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
The obligor must be delinquent in the amount of one month's support, and receiving an irregular income payment. Iowa Code 252D.18C
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
No
For Additional Information - No Link Provided
M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
Yes, IWOs.
M3.1. Provide the statutory citation.
Iowa Code 252D.17
For Additional Information - exit disclaimer
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
Iowa Code 252D.17A
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M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
The obligor may move to quash the income withholding notice at any time for mistake of fact or mistake of identity (Iowa Code 252D.31). The obligor may request an informal conference in writing within 15 days of the date of the notice to the right of an informal conference (Iowa Administrative Code 441-98.43) The obligor may request an informal conference in writing within 15 days of the date of the notice to the right of an informal conference (Iowa Administrative Code 441-98.43)
For Additional Information - exit disclaimer
M6. Are there attorney fees associated with the insurance intercept activity?
M7. How does another state initiate and intercept collections from your state workers' compensation agency?
Iowa's Worker's Compensation Agency does not accept direct income withholding. Other states can send an interstate referral, or they can send income withholding directly to the insurance company.
M7.1. What is the process, the points of contact, and what forms?

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
No
N2. Does your state send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
No
N3. Does your state send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? MSC P GSC17)
No
N4. Does your state send a CSENet case closure transaction to notify the initiating state that per its request the case is closed and your state has stopped its income withholding order? (MSC P GSC18)
No