Child Support Questions and Answers

Who makes child support orders?

Orders for child support are established using either an administrative process or a court process. In either case, a judge signs an order requiring someone to pay support.  Child Support Services (CSS) is an office of the Iowa Department of Health and Human Services.  Only CSS can start the administrative process.  After CSS takes all the steps required by Iowa law, including giving notice to both parents, they present an order to the judge for approval.  Either parent can ask for a hearing. If a hearing is not requested, a hearing will not be held.   The court process usually occurs in a divorce or a custody case.  In those cases, the judge will decide the amount of support along with the other issues in these cases (e.g. custody).  CSS is usually not involved in establishing these orders unless one parent receives public assistance. 

How is child support decided?

The incomes of both parents determine the amount of child support in Iowa.

• Judges or CSS use a chart called the Iowa Schedule of Basic Support Obligations (Schedule) to figure the support amount.
• Judges or CSS will order child support to be paid by the person not receiving physical custody of the children.
• That person is called the noncustodial parent.
• Look at the Schedule on the CSS website. https://secureapp.dhs.state.ia.us/customerweb/resources/Support%20Guidelines/Support%20Guidelines

The Schedule uses each parent’s monthly adjusted net income. It also uses the number of children. Generally support will be based on the combined net monthly incomes of both parents.

• Based on that combined income amount, a total amount of monthly child support is found on the Schedule.
• You need to figure out the portion of the combined income of both parents that is from the noncustodial parent.
• Multiply the Schedule amount by the noncustodial parent’s share of the total parental income.
• The resulting amount is the basic child support obligation.
• The amount and affordability of health insurance may change the final amount owed.
• There may be an extraordinary visitation credit for the noncustodial parent.
• There is a variance possible for child care expenses of a custodial parent. 

Example

A couple getting a divorce has one child who will be living with Mom.

• Dad’s net income is $2400 a month.
• Mom’s income is $600 a month.
• The total parental net income is $3000 a month.
• Using the Schedule, the total support amount is $686.
• Dad’s net income is 80% of the parental income.
• Dad’s support amount is $686 x .8= $549.
• There may be an additional adjustment for health insurance or medical costs.

Does the Schedule work differently for low-income noncustodial parents?

For low-income noncustodial parents, only the noncustodial parent’s income is counted.

• The Schedule says low income parents have incomes in the shaded part of the Schedule.
• For example, if the noncustodial parent’s adjusted net income is $1000 per month and there is one child, then the noncustodial parent’s child support obligation is $111.

This Schedule will be applied in every case unless the judge finds it is unfair to use it. The judge must make a written finding as to why the Schedule is not being used.

What happens if custody is joint physical care?

When “joint physical care” is ordered, care is shared about equally between the parents. The judge decides the amount of support in a different way.

• After figuring out each parent’s share of support, you multiply that amount by 1.5 and then multiply that sum by 50%.
• In the example above, the Dad’s support amount was $549.
• In a joint physical care situation, Dad’s support amount would be $412 ($549 x1.5 x .5 = $412).
• Mom’s support amount would be $103 ($686  x .2 = $137 x 1.5 x .5 = $103).
• The Schedule lets the parent with the greater support amount subtract the amount the other parent would owe them and only pay the difference.
• In this situation, Dad would pay $309 to Mom ($412 -$103 = $309).
• If you want to estimate how much child support might be in your case, you can use the Child Support Estimator on the CSS website: https://secureapp.dhs.state.ia.us/estimator/ 

What happens if things like income or custody change?

Sometimes, after the judge sets the amount of child support, circumstances or income changes and the amount of the child support is no longer correct. Maybe the noncustodial parent gets a much better job and is making a lot more money. Maybe the noncustodial parent loses his or her job and is not making any money or can only find a new job that pays a lot less money. Sometimes one of the parents becomes disabled and is no longer able to work at all. Sometimes the parents reconcile and start living together again.  Sometimes the child goes to live with the parent ordered to pay support.
There are three procedures CSS can use to change the amount of child support someone is ordered to pay.
These are:

• Review and Adjustment of Child Support
• Administrative Modification
• Cost-of-Living Alteration

What is Review and Adjustment of Child Support?

Review and Adjustment. CSS will do a Review and Adjustment when there has been a change that would cause the amount of child support to go up or down by more than 20%.  An example of such a change would be the noncustodial parent becoming disabled or starts earning more/less than when the order was originally entered.  The change must have lasted for at least 3 months and will continue for another 3 months. CSS will also do a Review and Adjustment if the child has no health insurance and the noncustodial parent becomes able to get health insurance for the child, such as through an employer. CSS will only do a Review and Adjustment if the current order ends more than 12 months from the date the request for review is received and if it has been at least two years since the last time the amount of child support was changed.  Either parent can request the Review. 

What is Administrative Modification of Child Support?

Administrative Modification. Another thing CSS can do to change the amount of a child support payment is called an Administrative Modification. This can be done if a parent’s net income (after taxes) has changed by 50% or more. Also, the current order must end more than 12 months from the date CSS receives the request to change the amount of support.  There are many other reasons for doing an Administrative Modification, though most of them don’t come up as often. CSRU will do an administrative modification when a child needs to be added to the order, when a noncustodial parent is no longer a minor, when the original order did not set a child support amount or set it at zero, and when there is a mistake in the order that needs to be corrected.
Cost-of-Living Alteration.  This is a special type of administrative modification.  Parents must agree to this type of change in writing.  Instead of determining the support obligation by using the Guidelines, CSS uses the Consumer Price Index (CPI) to calculate the support amount.

How is the Support Order Modified?

In either a Review and Adjustment or an Administrative Modification, the parents receive notice of the proposed action by CSS and can contest the decision.  The requestor accepts service of the notice packet at the time the request to modify is signed.  The non-requestor can waive personal service by signing a waiver.  Next, CSS evaluates the financial information provided by the parents and other sources and issues a notice of decision telling the parties whether a change is appropriate and if so, the new amount of support. 
The notice explains how the parties can contest the decision:  In some selected cases, the review begins with CSS gathering income and deduction information from automated sources, with the initial contact with the parties being the Notice of Decision.  In those special cases, the parties have 30 days to contest and send financial information. 
In the event of a challenge to a review and adjustment decision, a second review is done with a new notice of decision. 

In the administrative modification process, the parties can ask for a conference or a court hearing. 
If an adjustment or modification is appropriate, one of three things happens:

• Both parties may consent to the change.  If so, CSS prepares an administrative order and presents it to a judge for approval. 
• The parties may not respond.  If not, CSS prepares and presents the order to a judge for approval.
• If at least one of the parties contests the proposed change, different things happen depending on the type of action being contested:  To contest the support amount resulting from a cost-of-living alteration, a party must request a full review and adjustment.  To contest a finding in either the review and adjustment or administrative modification process, a party may request a court hearing. 
• If the judge in any of these situations determines that an adjustment or modification is appropriate, an order is prepared and filed.

What happens if the parties agree there has been a change where some or all of the children live?

Sometimes circumstances change after a support order is established.  For example, the parents reconcile and start living together again or the children go to live with the person ordered to pay support or with a caretaker who does not want CSS services.  To qualify for suspension when not all of the children change their living arrangements, the original order must state the amount of support as the number of children entitled to support changes.

When things like this happen, a parent can request that the support order be suspended and eventually terminated or reinstated.  This is done through CSS.   Both parents need to sign the request.

How Does Suspension of Support Work When Only One or Both Parents Agree?

If both parents agree, certain requirements must be met:

• The request to suspend is signed by both parents showing they agree.
• Support can be reinstated within six months if conditions change, upon request to the court by either parent or by CSS.  If the order isn’t eligible for reinstatement, CSS sends a notice denying the request. If the conditions remain the same for six months, the order is terminated. 
•  If the request for suspension applies to at least one, but not all of the children affected by the order, the order must contain a “step-change” (meaning the amount of support changes when the number of children entitled to support changes).  If the order does not contain “step-change” language, an attorney must be contacted to end the current support. 

If only one parent wants to change the order:
If just one of the parties wants to stop the order, it may be possible to do so.  Certain requirements must be met.  These include:

• The child is currently living with the person ordered to pay support and has been living with the person for more than 60 consecutive days.
• There is no custody order in place.
• The child is not receiving public assistance (FIP or Medicaid) unless the person ordered to pay support is part of the same household as the child.
• It is reasonable to expect that the basis for suspension will continue for not less than six months.
• The person ordered to pay support signs a notarized affidavit and it is submitted to CSS.
• No prior suspension has been requested during the previous two years.

After the application has been submitted, CSS makes a decision about whether all these requirements have been met.  If not, the request is denied and the person ordered to pay support is notified in writing why.  This decision cannot be appealed.

If the requirements are met, CSS notifies the person receiving the support.  Notification can be through certified mail or by personal service.
The person receiving the support then has 20 days to object in writing by telling CSS in a notarized statement that one or more of the requirements have not been met.  If the person receiving the support does object, the request to suspend child support will be denied and both parties are notified in writing.  This notice will also inform both parties that they can still file something with the Court on their own or through their own attorney.

If the person receiving support does not object, CSS prepares an order for the Judge to sign temporarily suspending ongoing or accruing support.  During the six months after the temporary suspension is signed, either party, or CSS, can ask for reinstatement of the child support.  The application to reinstate is mailed to the other person who then has 10 days to object.  If an objection is filed, a hearing is scheduled.

If no application to reinstate is filed, the temporary suspension automatically becomes permanent and the child support order is terminated.

What Happens When the Payor Becomes Disabled?

This is a change in income and the payor is entitled to a reduction in child support. If you start getting Supplemental Security Income (SSI), CSS will usually recommend that your child support payments be reduced to zero. If you start getting money from Social Security Disability Insurance (SSDI) or Social Security retirement, the order will be changed based on this new income. However, if you are getting SSDI or retirement then your child may be entitled to a check of his or her own. Your child’s check is added to your income but it also reduces the amount you have to pay.  This is because the money your child receives is treated as if it were money you paid. So, the amount of child support you must pay is reduced by the amount of money your child gets from Social Security. Your child’s check may even reduce your payment to zero. This does not happen automatically, however. You must tell the court or CSS that your child is getting a check. The court or CSS will then change the order to give you credit for your child’s check.

Are there Other Ways to End a Support Obligation?

You can use  courts forms  available at: https://www.iowacourts.gov/for-the-public/court-forms/ to increase, decrease or stop child support.  They cannot be used to change custody or visitation orders.  There are many steps to the court process and there is no guarantee the request to change the order will be granted.  There will probably be a hearing, especially if the parents do not agree to the change.  Both parents must fill out a Financial Affidavit so the judge can determine the right amount of support using the Child Support Guidelines.

I’m Not Getting Visitation with My Child. Can I Ask the Court to Let Me Stop Paying Child Support?

No. Under the law, child support and visitation are two completely different things. A non-custodial parent must pay child support even if the custodial parent is not allowing visitation with the child. Also, custodial parent may not refuse visitation just because the noncustodial parent is not paying child support. This does not mean it’s okay to refuse visitation, or to not pay child support. If there is a court order saying that a parent must allow visitation or pay child support, then that parent must do what the order says. If that parent refuses, the other parent (or CSS) can ask the court to find that parent in contempt of court. There will be a hearing. If the judge decides that the parent really did refuse to obey the court order, the judge can punish the parent. The judge can punish the parent in various ways, including putting them in jail. If jail is a possibility, the parent should be entitled to have an attorney appointed if the parent cannot afford one.

How Can I Contact Iowa Child Support?

There are CSS offices across Iowa. Each office serves several counties. To find the office that serves your county, call their main customer service number: 1-888-229-9223 or check online at https://secureapp.dhs.state.ia.us/customerweb/offices.

What happens if I can’t pay child support?

If you fail to pay child support, it may affect your driver’s license.

• The law says if people fall far enough behind in paying child support, CSS can “sanction” drivers’ licenses.
• This means they can suspend, revoke, not issue, or not renew the license if a parent is delinquent in child support payments.
• To be “delinquent” means the parent cannot be making payments through wage withholding and they must be three months behind in payments.

How will I know if CSS might sanction my license?

The process starts when CSS serves an “Notice of Potential License Sanction.” This is done by the sheriff or through certified mail or regular mail. 

• After the notice is served, the parent has 20 days to: 
• pay the delinquent support
• provide employer information
• provide verification of valid reasons for the exemption
• or ask for a conference in writing.
• If the parent meets this 20-day deadline, the sanction process will be “stayed.” 
• That means it will stop until at least after the conference.
• Notice of the conference should go to the parent ten days prior to when it will take place.

What will happen at the conference?

CSS will take a look at their decision to sanction the license to see if it was correct.

• To decide, CSS looks at any new information provided and checks for mistakes in how much support is due or to make sure they have the right parent.
• CSS may also ask the parent to enter into a payment agreement.
• CSS will decide if certain facts exist which mean a license sanction is not appropriate.
• Based on both parents’ financial information and application of the child support guidelines, the payor may enter into a written agreement.
• If that is not appropriate and 
• if there were no mistakes and
• there is no reason not to proceed, or
• if the parent entered into a payment agreement but  did not apy as outlined in that agreement,  
• CSS will go to the next step. They will issue a “Certificate of Noncompliance” to the Department of Transportation (DOT).

What is a Certificate of Noncompliance?

This is a form CSS creates. The form tells the DOT to sanction a parent’s license. It is sent to the DOT if any of the things below take place:

1. The parent falls three months behind in their support payments and does not respond to the Notice of Potential License Sanction within 20 days.
2. The parent fails to provide facts needed to figure a payment agreement.
3. The parent fails to comply with the payment agreement; or
4. The parent asks for a conference but fails to appear.

What is a “payment agreement”?

This is an agreement to make child support payments to avoid the license sanction.

• The agreement should consider how much the parent is able to pay.
• The amount of the payments may not be the same as those the original child support order required.
• First, CSS will ask the parent for proof of current income (pay stubs, tax records, etc.).
• Then CSS applies the child support guidelines to this income amount to find the right amount of support.
• If this is less than what the parent is ordered to pay, the Payment Agreement will be based on this lower amount.
• If a Payment Agreement is entered, CSS will withdraw the Certificate of Noncompliance.
• If a parent does not keep the Payment Agreement, CSS can send the Certification of Noncompliance to the DOT.
• Then the parent’s license will be sanctioned.
• The Payment Agreement must last for at least a year unless certain other conditions are met.

Will a Payment Agreement change or modify a child support order?

No. CSS must give the forms to the parent so they can ask for review and adjustment of the order.
This may eventually mean the order will change. The payment agreement stays in effect during the review period.

What will the DOT do when they get a Certificate of Noncompliance?

In general, the DOT will follow their normal process and rules to suspend or revoke a license.

• First DOT will send their own notice to the parent.
• The notice will explain the intent to sanction the license.
• The sanction will go into effect no sooner than 30 days from the date of this notice, unless CSS notifies the DOT of a change.
• The notice will also tell the parent they must contact CSS to schedule a conference if they want to keep their license.
• The notice will tell the parent they can ask for a court hearing.
• The DOT cannot stop the sanction and you cannot appeal through the DOT.
• It is necessary to contact CSS.

Can the license sanction be challenged in court?

Yes. A written application for a court hearing can be filed with the court.
•    A copy of the application must also be sent to CSS.
•    The deadline for filing the application is 30 days from the day the DOT sends their notice to the parent., it can be requested sooner.
•    For example, if a parent does not sign the Payment Agreement at the conference, they should ask for a hearing.
•    It may be possible to argue that the Agreement is not reasonable.

What will happen if a hearing is requested?

First, requesting a hearing will automatically “stay” or stop the sanction process until the hearing takes place.
•    If the court finds that CSS made a mistake, the license sanction will be withdrawn.
•    If the court does not find any mistakes, the “stay” will be lifted and the process will continue.

Are there any exceptions to the license sanction rules?

Yes. Certain conditions are considered valid reasons for exemption or removal from the license sanction process. These include:
•    Receipt of Social Security, Supplemental Security Income or Family Investment Program funds;
•    2. Temporary illness or disability of the person or another household member which requires the person to stay in the home as caretaker. A doctor must complete a statement to verify the inability to work.
•    3. Being in jail.
•    4. Taking part in a job training or job seeking program through the Department of Workforce Development as a result of getting food assistance.
•    5. Taking part in a chemical dependency treatment program when the staff of the program says in writing that taking part in the program means the parent is not able to also go to work.
•    6. Involvement in a contempt action dealing with support issues.

Are there any ways to stop the license sanction?

Yes, but they are limited. It is important to act within certain time frames.
•    One way is to enter into a Payment Agreement. You need to ask for and go to a conference and provide income information to CSS (discussed above). A similar method is to comply with a Payment Agreement that is already in place.
•    A second way is to pay the total support owed, both current and past due.
•    The third way is to request and attend a court hearing. If the court is convinced that CSS made a mistake, the sanction will be lifted.

If my license has already been sanctioned, is there anything I can do?

Yes. You can always ask for a conference. If a Payment Agreement is made at that conference, CSS will withdraw the sanction.

What will the DOT do if they get a withdrawal of a Certificate of Noncompliance?

The law states that the DOT must immediately reinstate, renew or issue a license if the parent complies with everything else the DOT says he or she must do.

How long will the license sanction last?

The license sanction will remain until the parent pays all support owed, both arrears and current, or enters into a Payment Agreement; or meets one of the above criteria for exemption.
The goal of CSS in trying to sanction a driver’s license is to convince a parent to start making regular child support payments.
•    If a parent is not exempt from the process and does not enter into a Payment Agreement, their driver’s license will be sanctioned.
•    Losing a driver’s license can cause other problems with the law, too.
•    For example, operating a motor vehicle without a valid driver’s license is a simple misdemeanor.
•    Besides the penalties for a simple misdemeanor, the punishment imposed must include an “assessment of a fine of not less than $250 nor more than $1,500.”

The bottom line is that anyone who gets a Notice of Potential License Sanction should respond right away.

• PLEASE NOTE: The law lets CSS sanction other licenses, too.
• This includes licenses to engage in a profession, occupation, business, or industry as well as hunting, fishing, or boating.
• This article applies to those types of licenses as well.
• Instead of the DOT, the agency that issues the license would be involved.
• The other agencies are called “licensing authorities.”

I don’t have a current support obligation but I owe back child support. I’m on a fixed income and can barely cover my own expenses. Anything I can do?

There is help for Iowans who owe back child support. If a person owes back child support, the back support is collected through an income withholding order. If a person only owes back child support, the person can ask for a smaller amount of money to be taken out. This is called asking for a “hardship.” Hardship exists if the income of the person owing child support is equal to or less than 200 percent of the poverty level for one person. To ask for a hardship or reduction in the amount taken for back child support, a person must send a written request to CSS.  A person can request a hardship at any time. The hardship amount is based on a formula but cannot be less than $15 per month.
CSS will notify the person if the hardship request was approved and the amended amount to be taken. If the request is not approved, the reasons for the denial will be set out.
A hardship period will usually last for two years.  If the hardship is because the person receives social security disability benefits, social security retirement benefits or supplemental security income disability benefits, the hardship period will continue while the person is receiving those benefits.