600B.38 Recipients of public assistance — assignment of support payments. 1. If public assistance is provided by the department of health and human services to or on behalf of a dependent child or a dependent child’s caretaker, there is an assignment byoperation of law to the department of any and all rights in, title to, and interest in any supportobligation, payment, and arrearages owed to or on behalf of the child or caretaker, not toexceed the amount of public assistance paid for or on behalf of the child or caretaker asfollows: 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 notificationby the department, the clerk of court shall make a notation of the automatic assignmentin the judgment docket and lien index. The notation constitutes constructive notice of theassignment. For public assistance approved and provided on or after July 1, 1997, if theapplicant for public assistance is a docket and lien index. The notation constitutes constructive notice of theassignment. For public assistance approved and provided on or after July 1, 1997, if theapplicant for public assistance is a person other than a parent of the child, the departmentshall 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, towhich the department is entitled, to the department, which may secure support paymentsin 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 receivingpublic assistance or services are otherwise provided by child support services. Unless otherwise specified in the order, an equal and proportionate share of any child supportawarded shall be presumed to be payable on behalf of each child subject to the order orjudgment for purposes of an assignment under this section. [C77, 79, 81, §675.38; 82 Acts, ch 1237, §5]83 Acts, ch 96, §157, 159C93, §600B.3897 Acts, ch 175, §209; 2008 Acts, ch 1019, §6, 7; 2023 Acts, ch 19, for purposes of an assignment under this section. [C77, 79, 81, §675.38; 82 Acts, ch 1237, §5]83 Acts, ch 96, §157, 159C93, §600B.3897 Acts, ch 175, §209; 2008 Acts, ch 1019, §6, 7; 2023 Acts, ch 19, §1260Subsections 1 and 3 amended Sat Dec 23 11:14:09 2023 Iowa Code 2024, Section 600B.38 (17, 1)
Iowa Legal Code