252D.31 Motion to quash.
An obligor under this chapter may move to quash an income withholding order or a notice of income withholding by filing a motion to quash with the clerk of court.
1. Grounds for contesting a withholding order under this chapter include all of the following:
a. A mistake of fact, which for purposes of this chapter means an error in the amount withheld or the amount of the withholding or the identity of the obligor.
b. For immediate withholding only, the conditions for exception to immediate income withholding as defined under section 252D.8 existed at the time of implementation of the withholding.
2. The clerk of the district court shall schedule a hearing on the motion to quash for a time not later than seven days after the filing of the motion to quash and the notice of the motion to quash. The clerk shall mail to the parties copies of the motion to quash, the notice of the motion to quash, and the order scheduling the hearing.
3. The payor shall withhold and transmit the amount specified in the order or notice of the order of income withholding to the clerk of the district court or the collection services center or a comparable government entity in another state as provided in chapter 252K, as appropriate, until the notice that a motion to quash has been granted is received.
97 Acts, ch 175, §68; 2015 Acts, ch 110, §99
Referred to in §252E.6A
Structure Iowa Code
Chapter 252D - SUPPORT PAYMENTS — INCOME WITHHOLDING
Section 252D.1 - Delinquent support payments.
Section 252D.3 - Notice of income withholding.
Section 252D.8 - Persons subject to immediate income withholding.
Section 252D.9 - Sums subject to immediate withholding.
Section 252D.10 - Notice of immediate income withholding.
Section 252D.16 - Definitions.
Section 252D.16A - Income withholding order — child support recovery unit.
Section 252D.17 - Notice to payor of income — duties and liability — criminal penalty.
Section 252D.17A - Notice to obligor of implementation of income withholding order.
Section 252D.18 - Modification or termination of withholding.
Section 252D.18A - Multiple income withholding orders — amounts withheld by payor.
Section 252D.18B - Irregular income.
Section 252D.18C - Withholding from lump sum payments.
Section 252D.19 - Other remedies.
Section 252D.19A - Disparity between order and pay dates — not delinquent.
Section 252D.20 - Administration of income withholding procedures.
Section 252D.21 - Penalty for misrepresentation.
Section 252D.23 - Filing of withholding order — order effective as district court order.
Section 252D.24 - Applicability to support orders of other jurisdictions.
Section 252D.25 - Limitations on scope of proceedings.
Section 252D.30 - Ex parte order — provisions for medical support.