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Iowa Code Title VI. Human Services [Chs. 216-255A] § 252D.31. Motion to quash

Current as of January 01, 2024 | Updated by Findlaw Staff

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.

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Cite this article: FindLaw.com - Iowa Code Title VI. Human Services [Chs. 216-255A] § 252D.31. Motion to quash - last updated January 01, 2024 | https://codes.findlaw.com/ia/title-vi-human-services-chs-216-255a/ia-code-sect-252d-31/

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