600B.38 Recipients of public assistance — assignment of support payments.
1. If public assistance is provided by the department of human services to or on behalf of a dependent child or a dependent child’s caretaker, there is an assignment by operation of law to the department of any and all rights in, title to, and interest in any support obligation, payment, and arrearages owed to or on behalf of the child or caretaker, not to exceed the amount of public assistance paid for or on behalf of the child or caretaker as follows:
a. For family investment program assistance, section 239B.6 shall apply.
b. For foster care services, section 234.39 shall apply.
c. For medical assistance, section 252E.11 shall apply.
2. The department shall immediately notify the clerk of court by mail when such a child or caretaker has been determined to be eligible for public assistance. Upon notification by the department, the clerk of court shall make a notation of the automatic assignment in the judgment docket and lien index. The notation constitutes constructive notice of the assignment. For public assistance approved and provided on or after July 1, 1997, if the applicant for public assistance is a person other than a parent of the child, the department shall send notice by regular mail to the last known addresses of the obligee and obligor. The clerk of court shall forward support payments received pursuant to section 600B.25, to which the department is entitled, to the department, which may secure support payments in default through other proceedings.
3. The clerk shall furnish the department with copies of all orders or decrees and temporary or domestic abuse orders addressing support when the parties are receiving public assistance or services are otherwise provided by the child support recovery unit. Unless otherwise specified in the order, an equal and proportionate share of any child support awarded shall be presumed to be payable on behalf of each child subject to the order or judgment for purposes of an assignment under this section.
[C77, 79, 81, §675.38; 82 Acts, ch 1237, §5]
83 Acts, ch 96, §157, 159
C93, §600B.38
97 Acts, ch 175, §209; 2008 Acts, ch 1019, §6, 7
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 600B - PATERNITY AND OBLIGATION FOR SUPPORT
Section 600B.1 - Obligation of parents.
Section 600B.2 - Recovery by mother from father.
Section 600B.4 - Recovery by others than mother.
Section 600B.5 - Discharge of father’s obligation.
Section 600B.6 - Liability of the father’s estate.
Section 600B.7 - Proceedings to establish paternity.
Section 600B.8 - Who may institute proceedings.
Section 600B.9 - Time of instituting proceedings.
Section 600B.11 - Nonresident complainant.
Section 600B.12 - Complaint — where brought.
Section 600B.13 - Form of complaint — verification.
Section 600B.14 - Substance of complaint.
Section 600B.15 - Original notice.
Section 600B.16 - Lis pendens.
Section 600B.17 - Writ of attachment.
Section 600B.18 - Method of trial.
Section 600B.19 - County attorney to prosecute.
Section 600B.20 - Exclusion of bystanders.
Section 600B.21 - Death, absence or mental illness of mother — testimony receivable.
Section 600B.22 - Death of defendant.
Section 600B.23 - Costs payable by county.
Section 600B.24 - Judgment in general.
Section 600B.25 - Form of judgment — contents of support order — evidence — costs.
Section 600B.26 - Payment of attorney fees.
Section 600B.27 - Payment to trustees.
Section 600B.28 - Report by trustee.
Section 600B.29 - Desertion statute applicable.
Section 600B.30 - Agreement or compromise.
Section 600B.31 - Continuing jurisdiction.
Section 600B.31A - Parties to and court issuing original order — notice.
Section 600B.32 - Concurrence of remedies.
Section 600B.33 - Limitations of actions.
Section 600B.34 - Foreign judgments.
Section 600B.35 - Reference to illegitimacy prohibited.
Section 600B.36 - Report to registrar of vital statistics.
Section 600B.37A - Action for default or contempt — costs.
Section 600B.38 - Recipients of public assistance — assignment of support payments.
Section 600B.39 - “Child” defined.
Section 600B.40 - Custody and visitation.
Section 600B.40A - Temporary orders — support, custody, or visitation of a child.
Section 600B.41 - Blood and genetic tests.
Section 600B.41A - Actions to overcome paternity — applicability — conditions.
Section 600B.42 - Security for payment of support — forfeiture.