termination of assignment of support payments mean

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Broyles v. Iowa Dept. of Social Services

305 N.W.2d 718 (1981)

Donald E. BROYLES, Appellee, v. IOWA DEPARTMENT OF SOCIAL SERVICES, Appellant.

Supreme Court of Iowa.

May 13, 1981.

*720 Thomas J. Miller, Atty. Gen., and John R. Martin, Asst. Atty. Gen., Davenport, for appellant.

Realff H. Ottesen, Davenport, for appellee.

Considered by LeGRAND, P. J., and McCORMICK, ALLBEE, McGIVERIN, and SCHULTZ, JJ.

SCHULTZ, Justice.

The Iowa Department of Social Services, as assignee of support payments provided for in a support order rendered against Donald E. Broyles, appeals from a decision of the Scott County District Court holding that the judgment debtor, Donald, is not obligated to the Department for past-due support payments. We hold the trial court erred and reverse and remand.

Pursuant to a 1974 dissolution of marriage decree, Donald was ordered to pay $25 child support per week to Michelle L. Broyles through the office of the Scott County Clerk of Court. On May 4, 1976, as a condition of receiving welfare assistance, Michelle assigned her rights to child-support payments to the Department. The assignment, which was filed with the clerk of court in the dissolution file, provided:

At the time of the assignment Donald was delinquent on his support payments in the sum of $450.

On September 27, 1977, a notification of partial termination of assignment was filed with the clerk of court, to be effective on September 30, the date Michelle ceased to receive assistance from the Department. At that time Donald was delinquent on his support obligation in the amount of $1200. The notification of termination of assignment authorized the clerk of court to pay current support payments to Michelle, but expressly stated that any payments toward the delinquency were to be paid directly to the Department. Between September 30, 1977, and November 30, 1978, Donald paid over $1200 in child support, which the clerk of court paid to Michelle as current child-support payments. In December 1978 Michelle executed a "Release of Child Support Judgment" acknowledging "as fully paid, satisfied and released child support judgment entered in this matter on the second day of August 9, 1974, up through and including the first day of December A.D., 1978." In a written pretrial stipulation, however, the parties stipulated that any release executed by Michelle purporting to release delinquencies owed to the Department was null and void.

On March 16, 1979, Donald brought a declaratory judgment action against the Department requesting the trial court to declare judgment that he was not liable to the Department for any of the $1200 delinquency. The case was submitted to the court on a written pretrial stipulation of the facts.

In his petition Donald contended that his child-support payments subsequent to the termination of the assignment applied to the oldest installments due, and he had thus paid in full the $1200 delinquency claimed by the Department. He also alleged that Michelle had executed a release of all support payments due to her through December 1, 1978.

The trial court held that Donald is not obligated to the Department in any amount for past-due child support. The court mentioned but did not rely on the release, stating:

Thus, the trial court limited the assignment to those installments that fell due while the assignment was in effect. It concluded that these installments were subsequently paid, and Broyles owed no obligation to the Department.

Before analyzing the correctness of the trial court's determination, we find it necessary to examine the nature and validity of the assignment, interpret its meaning, and determine its effect on the parties.

I. Validity of the assignment and its effect on Michelle. An assignment is a transfer to another of the whole of any property or right therein. 6A C.J.S. Assignments § 2 (1975). As a welfare recipient, Michelle was required by statute to assign her rights to all support payments provided for in the dissolution decree:

§ 598.34, The Code, as amended by 1975 Sess., 66th G.A., ch. 151, § 12 (effective Aug. 15, 1975).

A court-ordered child-support judgment becomes a lien when payment is due. See Slack v. Mullenix, 245 Iowa 1180, 1184-85, 66 N.W.2d 99 , 101-02 (1954); Whittier v. Whittier, 237 Iowa 655, 661, 23 N.W.2d 435, 440 (1946); § 598.22, The Code 1975. We have long recognized that a judgment may be assigned, see Edmonds v. Montgomery, 1 Iowa 143, 147 (1855), and this recognition extends to a future judgment, see Weire v. City of Davenport, 11 Iowa 49, 52-53 (1860). We conclude that Michelle was required to, and did in fact, execute a valid assignment of the support payments due under the dissolution decree.

An assignment ordinarily carries with it all rights, remedies, and benefits of the thing assigned. Kintzel v. Wheatland Mutual Insurance Association, 203 N.W.2d 799 , 806 (Iowa 1973); Mutual Surety Co. v. Bailey, 231 Iowa 1236, 1242, 3 N.W.2d 627, 630 (1942). The assignment was effective to transfer Michelle's rights in her support judgment to the Department; however, we must determine whether the assignment was limited to those payments that became due during the period of the assignment.

Donald, in his petition, maintained that the assignment and release thereof could only apply to any amounts that became due during the period of time Michelle was a recipient of welfare funds. The Department asserted in its answer that the assignment applied to payments accrued, current, and future, whether paid before or after termination of assistance. It claims further that the notification of termination of assignment clearly reserved to the Department any delinquencies that accrued pursuant to the assignment. Thus, the parties took differing positions as to the interpretation of the assignment and the notification of partial termination of assignment.

An assignment is a contract between the assignor and assignee. Rules of construction applicable to contracts thus apply to assignments. The basic rule in construing a written contract is that the intent of the parties controls. Iowa R.App.P. 14(f)(14). See also 6A C.J.S. Assignments § 43: "The creation and existence of an assignment is to be determined according to the intention of the parties and that intention is derived not only from the instruments executed by them, if any, but from the surrounding circumstances."

In construing an assignment, as in contract, when words are free from ambiguity, there is no occasion for interpretation. However, absent lucid and unambiguous language expressing the clear intent of the parties, it is the court's duty to give effect to the language of the entire contract *722 of assignment in accordance with commonly accepted and ordinary meaning. See Kinney v. Capitol-Strauss, Inc., 207 N.W.2d 574 , 576-77 (Iowa 1973); Gendler Stone Products Co. v. Laub, 179 N.W.2d 628 , 630 (Iowa 1970).

Although the individual provisions of the assignment may be ambiguous, when read in its entirety the assignment clearly manifests the intent of the assignor and assignee. Michelle assigned to the Department her right to support payments that had accrued on April 27, 1976, the effective date of the assignment, and current and future support payments "which come due during the period of my assistance, whether paid before or after termination of my assistance."

We believe that the notification of partial termination to the clerk of court, although signed only by the Department, also evinces the understanding of the parties to the assignment. It was addressed to the Scott County Clerk of Court and stated:

The termination notice thus expressly states that pursuant to the previous assignment the Department remains entitled to the deficiency. It authorizes the clerk to pay current support payments to Michelle, but states that any payments toward the delinquency are to be paid directly to the Department.

This method of treating current and delinquent support payments is consistent with 770 I.A.C. § 95.3 (1980) (effective Apr. 12, 1976), which provides:

Since this administrative rule was promulgated pursuant to, and deals with child-support recovery collections by the Department under, chapter 252B, The Code, it does not appear to be directly applicable to the present case. However, it defines the manner in which the Department treats current and delinquent support payments, and it is grounded upon sound public policy. Unlike the method of allocation the trial court held to be applicable, it does not discourage or prevent welfare recipients from benefits until all delinquencies have been paid.

Because the intent of the parties controls the interpretation of the meaning of an assignment, the understanding between Michelle and the Department is determinative of the manner in which payments are to be applied. We believe that the assignment and notice of termination, when viewed in light of the statutory law and administrative rule governing the Department and the totality of the circumstances, clearly indicate that the understanding between Michelle and the Department was that Michelle was to receive current support payments and all amounts in excess thereof were to be paid to the Department and applied against the delinquency. The assignment was thus intended to be effective until the delinquency incurred during the period Michelle received welfare assistance was fully paid.

*723 II. The effect of the assignment on the judgment debtor. In the valid assignment of a judgment the assignee assumes the rights, remedies, and benefits of the assignor. Mutual Surety Co. v. Bailey, 231 Iowa at 1242, 3 N.W.2d at 630; 49 C.J.S. Judgments § 527 (1947); 6A C.J.S. Assignments § 89. Notice of the assignment is not essential to the validity of the assignment. 6A C.J.S. Assignments § 64. However, a judgment debtor who, without notice of the assignment of a judgment, pays the assignor is an innocent party and is not liable to the assignee. McCarver v. Nealey, 1 Greene 360, 361-62 (Iowa 1848). Thus, if the debtor can show prejudice, lack of notice may constitute a defense in an action by an assignee. Spoor v. Q. & C. Co., 162 F.2d 529, 532 (7th Cir. 1947); 6A C.J.S. Assignments § 115.

Under the assignment the Department acquired Michelle's rights and remedies against Donald, the judgment debtor. We have already construed the assignment to be effective until all delinquencies are paid. Therefore, Donald cannot claim that the payments he made subsequent to the termination of assignment satisfied the delinquency claimed by the Department.

Although there is no evidence in the record when Donald received notice of the assignment, it is obvious that he had notice prior to filing suit. In any event, Donald has not shown that he was in any way prejudiced by lack of notice. He has not alleged or shown that he will be required to pay more support than was ordered in the dissolution decree. Although Donald did allege release and satisfaction by Michelle, he has failed to prove a valid release.

Ordinarily, the custodial parent may release or compromise a claim for past-due child-support payments, and such action constitutes a defense to enforcement proceedings. 27B C.J.S. Divorce § 321(5), at 652 (1959). The release of a judgment, however, must be supported by valuable consideration. 49 C.J.S. Judgments § 565; see Warman v. Hat Creek Ranch Co., 202 Iowa 198, 201, 207 N.W. 532, 533 (1926) (binding release exists when there is valid consideration); Stoutenberg v. Huisman, 93 Iowa 213, 216-17, 61 N.W. 917, 918 (1895) (partial payment must be accompanied by additional consideration). In State ex rel. Hansen v. McKay, 31 Or.App. 631, 571 P.2d 166 (1977), it was contended that a father who had paid only $10 child support had given valid consideration for the release of a $12,000 support judgment that had been assigned to the Public Welfare Division. There was no evidence that the father had received notice of the assignment. The Oregon Court of Appeals stated:

Id. at 637, 571 P.2d at 169.

The burden of proving that a judgment has been paid is on the judgment debtor. 49 C.J.S. Judgments § 559, at 1031. Donald has failed to meet his burden of proving that Michelle received valuable consideration in exchange for the release. The only evidence presented in the stipulation was that any release executed by Michelle "purporting to release delinquencies owed to the Department is null and void as to those delinquencies." The release executed by Michelle is thus invalid.

The trial court erred in holding that Donald is not liable to the Department for the claimed delinquency. We therefore reverse and remand for entry of judgment consistent with this opinion.

REVERSED AND REMANDED.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

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• Child Support

Child Support Wage Assignments

(This may not be the same place you live)

  What is a Wage Assignment?

A wage assignment is a special process that allows the court to order an employer to make direct payments to the custodial parent from the supporting parent’s wages. You can also directly apply to the court for a wage assignment. Remember that the notice of this action must be served on the paying parent’s employer.

The employer will deduct child support like any other deduction from the paying parent’s paycheck and send the money to the custodial parent. If the non-paying parent holds stable employment, this is a valuable tool for starting this process.

What Can Impact Wage Assignment?

What is the wage assignment duration, how does child support wage assignments function, how do courts enforce child support orders, when do i need to contact a lawyer.

If the non-custodial parent changes jobs, he must immediately notify the child support agency so the new employer can begin making the wage assignment payments. If the non-custodial parent becomes unemployed and receives unemployment compensation, the child support payment will usually be deducted from the unemployment benefits.

If the non-custodial parent is not receiving unemployment benefits, he is still mandated to make child support payments. However, it is recommended to report the loss of income to the court to ensure that the child support order adjusts accordingly.

A wage assignment is available only if the non-custodial parent is a salaried employee. If the non-custodial parent is self-employed or is otherwise not subject to wage withholding, he instead may be ordered to provide the child support payments directly to the child support agency.

If the non-custodial parent fails to make the required payments, the amount owed may be deducted from the non-custodial parent’s federal and state income tax refunds. Furthermore, liens may be placed on the non-custodial parent’s property, and the property may be sold to satisfy the child support owed.

In short, the non-custodial parent cannot escape the obligation to pay child support by moving to another state because all states must enforce child support against out-of-state non-custodial parents. Each state has its own form of interstate enforcement legislation, such as the Uniform Reciprocal Enforcement of Support Act (URESA), which allows for the enforcement of support orders across state lines more uniformly.

The wage assignment continues until the obligation to pay child support ends, whether there is a custody modification, the non-custodial parent passes away, or the child becomes emancipated. Emancipation happens when the child reaches the state’s age of majority, which is eighteen, according to the majority of states.

Emancipation may also occur if the child marries, enlists in the armed services, or leaves the care and control of the custodial parent. However, if the child returns to live with the custodial parent before reaching the age of majority, the obligation to pay child support usually resumes, and the non-custodial parent’s income will again be subject to a wage assignment.

After the court decides the amount of child or spousal support, the wage assignment informs the employer how much to deduct from each paycheck and where to send the payment. With a wage assignment, if the parent ordered to pay support is regularly employed, the employer will deduct the support payments directly from their paycheck.

Most support is paid this way, and federal, and state laws mandate it in almost all child support cases. Typically, it is the employer’s responsibility to withhold the wages if there is a wage assignment. If the parent has other wage assignments, child support is first deducted before other withholding orders. Spousal or partner support assignments come after child support wage assignments are in place.

Wage assignments are usually incurred for debts that have gone unpaid for a long time. Wage assignments can be split into two categories: voluntary and involuntary. Employees may sometimes choose a voluntary wage assignment to pay union dues or contribute to a retirement fund. Moreover, employees may even voluntarily opt into a wage assignment plan as a part of a payday loan repayment promise.

When a wage assignment is undertaken voluntarily or required by a court and served to an employer, it is considered part of an employer’s payroll procedure. The employee has to do nothing, as their paycheck is already decreased by the amount of the assignment and noted on their pay stub.

As child support is usually ordered as a monthly amount, the calculation is provided to the employer as to the proper amount to withhold from each paycheck based on whether the employee is paid on a weekly, bi-weekly, semi-monthly, or other basis to correspond to the monthly amount ordered.

For instance, if child support was ordered for $200 a month and the employee was paid weekly, the withholding order would direct the employer to take out $48.43 from each paycheck for child support. Once the employer removes the calculated amount from the parent’s paycheck, they send it to the Support Payment Clearinghouse. The payment is then accounted for and recorded by the Clearinghouse and is sent on to the custodial parent .

Generally, if the non-custodial parent starts a new job, they are responsible for giving the wage assignment to their new employer. They are responsible for notifying the Clerk of the Superior Court and Support Payment Clearinghouse of their new employer’s contact information within 10 days. An employer who fails, without a good cause, to adhere to the terms of a wage assignment is liable for the amount overdue.

The employer may be entitled to charge a small administrative fee for processing the required payments. Still, it is against the law for an employer to terminate an employee due to a court-ordered wage assignment for child support. A wage assignment is not mandated when the non-custodial parent is self-employed, not employed, or does not have a regular source of income. In those situations, they are responsible for making payments directly to the Support Payment Clearinghouse.

Judges enforce child support orders, usually with “income assignments.” When judges form child support orders, they order the paying parent’s employer to take the child support out of their wages and send it to the Department of Revenue (DOR/CSE) Child Support Enforcement Division.

The DOR then sends the child support order to you. As mentioned earlier, child support taken out of the wages is called an “income assignment” or “wage assignment.” The income assignment is one of the primary ways judges ensure that child support is paid on time. In some cases, parents fall behind in paying their child support.

In some situations, they disobey the child support order. When that happens, you may have to return to the court to enforce your child support order . Making sure the paying parent follows through with the child support order is considered “enforcing” the order.

Courts can enforce child support orders by holding the paying parent in contempt. DOR/CSE can enforce child support orders by:

• Collecting overdue child support;
• Levying your bank account;
• Charging interest and penalties;
• Increasing the amount withheld from your paycheck by 25%;
• Placing a lien on your real estate or personal property;
• Seizing your personal property;
• Suspending your license;
• Intercepting your tax refunds;
• Making it hard to get credit and;
• Filing a Complaint for Contempt.

If you do not receive the required child support payments or have failed to make the necessary payments. Both situations have legal remedies available, and you will need to seek a local child support attorney to determine your options within your jurisdiction.

Need a Child Support Lawyer in your Area?

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Mariam earned her J.D. from Minnesota Law School in 2017. She joined LegalMatch in late 2019. Prior to Law School, she spent time assisting various federal legislative offices in the state of Minnesota. During law school, she explored topics in family law and government policy work. Currently, interning for the Maryland General Assembly and working on issues in the city of Baltimore. She is also a stay-at-home mother and loves spending time with her children. In her spare time, she enjoys sketching, painting, and trying new cuisine recipes. Read More

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Income Assignment

Legal Authority(ies):

• Income Assignments 12 O.S. § 1171.3 & 56 O.S. § 240.2
• Mandatory Nature 43 O.S. § 115
• Changes to Income Assignments 43 O.S. § 117

An income assignment (I/A), or income withholding, is an enforcement remedy used to deduct current and/or past due support from the income of, or benefits due, an obligor. “Income” means any form of payment to an obligor regardless of the source (including, but not limited to, wages, salary, compensation as an independent contractor, worker’s compensation, disability, annuity and retirement benefits). “Delinquent” and “delinquency” mean any payment under an order for which support is due and remains unpaid.

The income assignment remedy is used whether an obligor is current or delinquent in his/her child support obligation. The required elements and steps to send an income withholding to an employer are listed below.

Required Elements:

If the following elements are present, child support sends an income withholding order/notice to any payor of income for an obligor.

• An obligation to pay child support through an order of district or administrative court has been established
• Open child support case
• The obligor has known income from a payor of income
• The obligor’s name, social security number and family group number
• The name(s) of the child(ren) for whom support is ordered
• The custodian of the child(ren) or the name of obligee
• The name of the court issuing the child support order and the date of order
• The amount the obligor is court ordered to pay in current and/or past due child support
• The effective date of the income assignment
• Instructions to the payor of income regarding the amount to deduct based on individual pay schedules and the address to remit deductions
• The current child support has been modified or amended by a court order
• Child support amends/modifies the notice of income assignment to the new court ordered amount, sends a notice to payor of income and lists the effective date of the income assignment.
• The obligor’s court ordered child support and/or past due support obligation is terminated by a court order (child support terminates the notice of income assignment, sends notice to payor of income and lists the effective date of notice of income assignment termination)
• There is an inability to deliver the income withheld to the person entitled to the current and/or past due support and the court orders suspension of the notice of income assignment (child support notifies the payor of income to suspend the income assignment)
• Obligor proves beyond a reasonable doubt he/she is not the person who owes the child support
• Obligor shows the court the amount of current child support or past due child support is inaccurate and warrants modification of the notice of income assignment
• The payor of income shows the court the obligor is not entitled to any income, is not an employee/receiver of benefits or there is no income from which the payor of income may deduct the amounts in the income assignment

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Texas Family Code 231.106 – Notice of Termination of Assignment

(a) On termination of support rights to the Title IV-D agency, the Title IV-D agency shall, after providing notice to the obligee and the obligor, send a notice of termination of assignment to the obligor or other payor, which may direct that all or a portion of the payments be made payable to the agency and to other persons who are entitled to receive the payments. (b) The Title IV-D agency shall send a copy of the notice of termination of assignment to the court ordering the support and to the child support registry, and on receipt of the notice the clerk of the court shall file the notice in the appropriate case file. The clerk may not require an order of the court to terminate the assignment and direct support payments to the person entitled to receive the payment.

Terms Used In Texas Family Code 231.106

• Person : includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

Terminating Income Withholding for Child Support by Agreement

• Child Support & Medical Support

Learn about how to terminate income withholding including what you need from the court and the other party, if the Office of the Attorney General needs to be involved, if you need an agreement to terminate, and what to do if you do or do not have an agreement.

How do I terminate income withholding from Obligor’s employer if both parents agree? 

If your case was processed by the Child Support Division of the Office of the Attorney General of Texas  (OAG), contact your regional Attorney General’s office to process the termination administratively. Use the  Find Child Support Locations  tool on the OAG's website to find your regional OAG's office.

If you handled your child support case privately — without the assistance of the Texas Attorney General’s office — contact the district clerk’s office in your county and ask how the clerk processes Requests to Terminate Income Withholding for Child Support.

Tip: This may also be called a Motion to Terminate Income Withholding.

Do I need a signed order for the clerk to issue a notice/order to terminate income withholding for child support by agreement?

It is likely — but may not be required in your county. Some clerk’s offices require a signed order by a judge indicating that income withholding is terminated before the clerk will send a termination of withholding order/notice to the employer of the obligor (the parent who pays child support).

Call your district clerk’s office to confirm what your court requires.

Do I need to file a Request to Terminate Income Withholding for Child Support with the clerk?

Maybe. Call your clerk to ask if this form is necessary for your situation. This request only applies to your situation if:

• Both the obligor and obligee (the parent who has received the child support) agree to terminate income withholding for child support
• The child becomes 18 years of age or graduates from high school, or
• The child’s disabilities of minority are removed by marriage, court order, or another operation of law, or
• The child dies, or
• The obligor initiated voluntary withholding.

Do I need to submit a proposed order to be signed by a judge to terminate income withholding by agreement?

Maybe. Call your local district clerk to find out if the judge needs to sign an order before the clerk can issue a notice/order to terminate withholding to the obligor’s employer. Use the Order to Employer to Terminate Withholding for Support as a proposed order to file with the court.

Will the child support office need to be involved to terminate income withholding by Agreement?

Maybe. Some clerks require proof or an accounting from the Child Support Office indicating that the child support obligation has terminated and that there are no arrears before the clerk will issue an Order/Notice to Terminate to the Obligor’s employer.

Is there a court fee to terminate income withholding for child support by agreement?

Yes. The Texas Family Code indicates the clerk may charge a reasonable filing fee not to exceed $15 to file a Request for Termination of Withholding Order.  Texas Family Code 158.403(c) .

Call your district clerk’s office to see what fees will apply in your situation.

Should I talk with a lawyer to find out if I can request that child support withholding stop?

Yes! If possible, talk with a lawyer. You can hire a lawyer just to g ive you advice and review your forms, or r epresent you at a hearing. This is called limited scope representation , which is one way to make private attorneys more affordable. If you need help finding a lawyer, you can:

Our  Legal Help Directory  can help you locate a legal aid office, lawyer referral service, or self-help center in your area. 

Check our  Legal Events and Clinics  page for free legal clinics in your area.

Use  Ask a Question  to chat online with a lawyer or law student.

What do I do if the other parent does not agree to stop child support withholding?

If the other parent does not agree to a joint request to stop child support withholding, then you may have to file a petition to terminate withholding for child support and go to court.

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FM-IW2-100-Int

Record of Support Order

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• Termination of Child Support Under the Law

Child support obligations are imposed to ensure that the custodial parent of a child has adequate means to provide for their child’s health and well-being. When child support is no longer necessary, either due to the age of the child or other circumstances, the child support obligation can be terminated without adversely affecting the child.

Termination at Age of Majority

Any agreement or order imposing a child support obligation should have a provision that states when the obligation will end. If it does not, state law generally defines how long a parent can be obligated to provide financially for his or her child. Except in cases where a child has special needs or it has been determined that a parent will pay for the child’s college education, child support orders generally terminate when a child reaches the age of majority or graduates from high school. The age of majority is defined by state, but is generally at least 18-years-old.

Justia provides a comprehensive 50-state survey on child support issues such as the typical child support termination age in each state, as well as child support forms and resources.

Requesting Termination

In some cases, a parent may have cause to request the court terminate a support order or agreement prior to the child reaching the age of majority. The procedures for petitioning a court for termination of a support order vary by state. In all states, however, it is important to continue paying any child support you are obligated to pay until the obligation is terminated to avoid being found in contempt and facing adverse consequences.

There are several circumstances that provide a basis for requesting a termination of a child support obligation. For example, if a parent’s parental rights have been terminated , either voluntarily or involuntarily, the parent can request his or her support obligation be terminated as well. In some cases, a modification in the living or financial situation of a child’s parents can be grounds for requesting a termination. For example, if the parents begin living together in the same house or get married, the parent who is obligated to provide support can request a termination of child support on the grounds that it is no longer necessary. If the parent providing support becomes incapacitated or unable to earn an income, he or she can request termination of the support order due to the fact he or she is no longer able to meet the support obligation. If the financial situation of either parent changes dramatically and they jointly agree that child support is no longer necessary, they can jointly petition the court to terminate the child support obligation.

• 1 Parental rights have been terminated
• 2 Change in a parent’s living situation (such as when the parents move in together)
• 3 Change in a parent’s financial situation
• 4 Paying parent becomes incapacitated
• 5 Paying parent is no longer able to earn an income
• 6 Parents jointly agree that support is no longer necessary because of a change in financial circumstances
• 7 Change in the child’s situation (such as emancipation, marriage, or military service)
• 8 Change in custody

A change in the child’s situation can be grounds for termination of child support as well. If the child is emancipated prior to the age of majority, the parent is no longer obligated to provide financial support for the child. If there is change in custody of the child, so that he or she no longer lives with the parent who was receiving child support, or now lives with the parent who was obligated to pay child support, the parent providing support can request a termination of the support order. Although it is unlikely to happen before the age of 18, if a child gets married or joins the military, neither parent will be obligated to provide financial support for the child and the parent subject to a support order can request a termination.

Last reviewed October 2023

Child Custody and Support Law Center Contents   

• Child Custody and Support Law Center
• Child Custody Law
• Child Support Law
• Child Relocation & Legal Concerns
• Termination of Parental Rights Under the Law
• Enforcing a Child Custody or Support Order
• Child Custody and Support Law FAQs
• Child Custody Laws & Forms: 50-State Survey
• Child Support Laws and Forms: 50-State Survey
• Paternity Laws and Forms: 50-State Survey
• Grandparent Visitation & Custody Laws: 50-State Survey
• Find a Family Law Lawyer

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Iowa Admin. Code r. 441-95.14 - Termination of services

• State Regulations

This rule is intended to implement Iowa Code sections 252B.4 , 252B.5 , and 252B.6 .

State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.