Iowa Code § 252K.101
Title
This chapter shall be known and may be cited as the “Uniform Interstate Family Support Act”.
Iowa Code Chapter 252K — Uniform Interstate Family Support Act
Iowa · statute · Iowa Code ch. 252K · 78 active provisions
Provisions
Iowa Code § 252K.102
Definitions
In this chapter: 1. “Child” means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual’s parent or who is or is alleged to be the beneficiary of a support order directed to the parent. 2. “Child support order” means a support order for a child, in…
Iowa Code § 252K.103
State tribunal and support enforcement agency
1. Child support services when child support services establishes or modifies an order, upon ratification by the court, and the court, are the tribunals of this state. 2. Child support services created in section 252B.2 is the support enforcement agency of this state.
Iowa Code § 252K.104
Remedies cumulative
1. Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity. 2. This chapter does not do either of the following: a. Provide the exclusive method of establishing or enforcing a support order under…
Iowa Code § 252K.105
Application of chapter to resident of foreign country and foreign support proceeding
1. A tribunal of this state shall apply articles 1 through 6 and, as applicable, article 7, to a support proceeding involving any of the following: a. A foreign support order. b. A foreign tribunal. c. An obligee, obligor, or child residing in a foreign country. 2. A tribunal of this state that is requested to recogniz…
Iowa Code § 252K.201
Bases for jurisdiction over nonresident
1. In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual’s guardian or conservator if any of the following applies: a. The individual is personally served with notice withi…
Iowa Code § 252K.202
Duration of personal jurisdiction
Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided in sec…
Iowa Code § 252K.203
Initiating and responding tribunal of this state
Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding tribunal for proceedings initiated in another state or foreign country.
Iowa Code § 252K.204
Simultaneous proceedings
1. A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if all of the following apply: a. The petition or comparable pleading in this state is filed before the expiration of th…
Iowa Code § 252K.205
Continuing, exclusive jurisdiction to modify child support order
1. A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is controlling and any of the following applies: a. At the time of the filing of a request for modification thi…
Iowa Code § 252K.206
Continuing jurisdiction to enforce child support order
1. A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce any of the following: a. The order if the order is the controlling order and has not been modified by a tribunal of another state…
Iowa Code § 252K.207
Determination of controlling child support order
1. If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal controls and must be recognized. 2. If a proceeding is brought under this chapter, and two or more child support orders have been issued by tribunals of this state, another state, or a for…
Iowa Code § 252K.208
Child support orders for two or more obligees
In responding to registrations or requests for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those…
Iowa Code § 252K.209
Credit for payments
A tribunal of this state shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this state, another state, or a foreign country.
Iowa Code § 252K.210
Application of chapter to nonresident subject to personal jurisdiction
A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this chapter, under other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to section 252K.316, communicate with a tribunal outsid…
Iowa Code § 252K.211
Continuing, exclusive jurisdiction to modify spousal support order
1. A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation. 2. A tribunal of this state may not modify a spousal support order issued by a tribunal of anot…
Iowa Code § 252K.301
Proceedings under this chapter
1. Except as otherwise provided in this chapter, this article applies to all proceedings under this chapter. 2. An individual movant or a support enforcement agency may initiate a proceeding authorized under this chapter by filing a petition or a comparable pleading in an initiating tribunal for forwarding to a respond…
Iowa Code § 252K.302
Proceeding by minor parent
A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor’s child.
Iowa Code § 252K.303
Application of law of this state
Except as otherwise provided by this chapter, a responding tribunal of this state shall do all of the following: 1. Apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings. 2. Deter…
Iowa Code § 252K.304
Duties of initiating tribunal
1. Upon the filing of a petition or comparable pleading authorized by this chapter, an initiating tribunal of this state shall forward the petition or comparable pleading and its accompanying documents: a. To the responding tribunal or appropriate support enforcement agency in the responding state. b. If the identity o…
Iowa Code § 252K.305
Duties and powers of responding tribunal
1. When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to section 252K.301, subsection 2, it shall cause the petition or pleading to be filed and notify the movant where and when it was filed. 2. A responding tribunal of this state, to the…
Iowa Code § 252K.306
Inappropriate tribunal
If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the movant where and when the pleading was sent.
Iowa Code § 252K.307
Duties of support enforcement agency
1. In a proceeding under this chapter, a support enforcement agency of this state, upon request: a. Shall provide services to a movant residing in a state. b. Shall provide services to a movant requesting services through a central authority of a foreign country as described in section 252K.102, subsection 5, paragraph…
Iowa Code § 252K.308
Duty of attorney general
1. If the attorney general determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform its duties under this chapter or may provide those services directly to the individual. 2. The attorney general may determine tha…
Iowa Code § 252K.309
Private counsel
An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.
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