239B.6 Assignment of support rights or benefits.
1. An assignment of support rights to the department is created by either of the following:
a. An applicant and other persons covered by an application are deemed to have assigned to the department at the time of application all rights to periodic support payments that accrue during the period the family receives assistance to the extent of the amount of assistance received by the applicant and by other persons covered by the application.
b. A determination that a child or another person covered by an application is eligible for assistance under this chapter creates an assignment by operation of law to the department of all rights to periodic support payments that accrue during the period the family receives assistance not to exceed the amount of assistance received by the child and other persons covered by the application.
2. An assignment takes effect upon determination that an applicant or another person covered by an application is eligible for assistance under this chapter, applies to both current and accruing support obligations, and terminates when an applicant or another person covered by an application ceases to receive assistance under this chapter, except with respect to the amount of unpaid support obligations accrued during the assignment. If an applicant or another person covered by an application ceases to receive assistance under this chapter and the applicant or other person covered by the application receives a periodic support payment, subject to limitations under federal law and subject to subsection 3, the department is entitled only to that amount of the periodic support payment above the current periodic support obligation.
3. Any rights to support payments assigned to the department on or before September 30, 2009, shall remain assigned to the department.
4. Assistance paid or payable under this chapter is not transferable or assignable at law or in equity, and none of the assistance paid or payable is subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.
97 Acts, ch 41, §7, 34; 2008 Acts, ch 1019, §1, 2, 7
Referred to in §252A.13, 252C.2, 598.21C, 598.34, 600B.38
Structure Iowa Code
Chapter 239B - FAMILY INVESTMENT PROGRAM
Section 239B.2 - Conditions of eligibility.
Section 239B.2A - School attendance.
Section 239B.2B - Eligibility of noncitizens.
Section 239B.2C - Absence from home — incarceration.
Section 239B.3 - Cash assistance.
Section 239B.4 - Departmental role.
Section 239B.5 - Compliance with federal law — prohibited electronic benefit transfer transactions.
Section 239B.6 - Assignment of support rights or benefits.
Section 239B.7 - Income and resource exemptions, deductions, and disregards.
Section 239B.8 - Family investment agreements.
Section 239B.9 - Limited benefit plan.
Section 239B.10 - Minor and young parents — other requirements.
Section 239B.11A - Transitional benefits.
Section 239B.12 - Immunization.
Section 239B.13 - Needy relative payee — protective payee — vendor payment.
Section 239B.14 - Fraudulent practices — recovery of overpayments.
Section 239B.15 - County attorney to enforce.
Section 239B.16 - Appeal — judicial review.
Section 239B.17 - PROMISE JOBS program.
Section 239B.18 - JOBS program participation.
Section 239B.19 - JOBS program availability.
Section 239B.20 - JOBS program health and safety.
Section 239B.21 - JOBS program — workers’ compensation law applicable.
Section 239B.22 - JOBS program — participant not state employee.