Legal reference: 45 CFR 303.100(a)(7)(i)(ii); Iowa Code section 252D.18;
441 IAC 98.35(252D) and 98.44(252D) Terminate an IWO when:
♦ The IWO was entered in error
♦ Termination is ordered in the motion to quash hearing
♦ The case is paid in full
NOTE: Unlinking an income provider from the IWO screen and terminating an order for income withholding are different processes.
♦ When you unlink an income provider from an IWO screen, you stop the income withholding process for that income provider. The income withholding process may remain in place with other verified income providers on the payor’s case.
♦ When you terminate an IWO, you completely end the enforcement by income withholding for the payor.
IWO Entered in Error
Legal reference: Iowa Code section 252D.18; 441 IAC 98.44(1)
Immediately terminate an order for income withholding when either of the following conditions apply:
♦ The person named as the payor is not the person required to pay the support.
♦ The delinquency listed in the order did not exist at the time you entered the IWO.
Revised May 6, 2011 Order of a Motion to Quash Hearing
Order of a Motion to Quash Hearing
Legal reference: Iowa Code sections 252D.2, 11, 31; 441 IAC 98.43(1)
The court may grant a payor’s motion to quash the income withholding and may issue an order to terminate it. When you receive notification that the court granted the motion to quash, terminate the income withholding order
immediately. See the Income Withholding Order 2 (IWO2) Screen for more information.
Case Paid in Full
Legal reference: Iowa Code section 252D.18; 441 IAC 98.44(2)
When a current support obligation ends and the balance is paid in full, ICAR terminates the IWO by generating a termination order.
You may manually generate an order to terminate the IWO when you find the case is paid in full after the obligation ends.
Generating the Termination Order
Legal reference: Iowa Code section 252D.18; 441 IAC 98.44
To select the income withholding order to terminate, enter the case number on the IWO screen. Press the F5 key to inquire on the case, and page through the IWO screens to find the correct IWO to terminate.
Before generating the termination order, verify the income provider is linked to the appropriate IWO screen. Take the following steps to link the employer:
♦ Enter an “N” in the GEN NOTICE field on the IWO screen.
♦ Enter the date you or ICAR originally sent the IWN in the IF NO NOTICE, DATE SENT
field and press the F3 key. ICAR displays the EMPLOYER NAME ADDRESS SEARCH screen.
♦ Enter an “X” in the SEL field next to the income provider receiving the
termination order and press the ENTER key. ICAR displays the IWO screen.
When the income provider is linked, enter a “Y” in the TERMINATION (Y/C) field and press the F3 key twice to generate the termination order on the IWO screen.
Revised May 6, 2011 Generating the Termination Order
ICAR displays the current date in the DATE SENT field on the IWO screen and displays the EMPLOYER NAME ADDRESS SEARCH screen.
Enter an “X” in the SEL field next to the income providers to receive the
termination order and press the ENTER key. One of the following forms prints to your local printer, dependent on the number of court orders on the case:
♦ Form 470/2688, Termination of Order for Income Withholding (single-captioned).
♦ Form 470/2859, Termination of Order for Income Withholding (double-captioned).
♦ Form 470/2857, Termination of Order for Income Withholding (triple-captioned).
♦ Form 470/2834, Termination of Order for Income Withholding (juvenile order).
After you generate the appropriate Termination of Order for Income Withholding, ICAR:
♦ Issues a narrative (IWO74) to document the generation of the form;
♦ Issues a calendar flag (IWO1) to prompt you to check for a filed termination order from the clerk of court in 30 days;
♦ Displays form 470/3272, Income Withholding for Support, and form 470 2839, Obligor Notice of Termination.
Review the form variables, update if necessary, generate the forms and send to the payor. ICAR issues two narratives (IWO165 and IWO76) to document the generation of the forms.
Terminating an IWO on Foster Care Cases
When the balance on a foster care case is paid in full, generate form 470/2834, Termination of Order for Income Withholding, for an AF or JO order and prepare a satisfaction of judgment. File both forms with the appropriate clerk of court.
Filing the Termination Order
File the applicable version of the Termination of Order for Income Withholding with the clerk of court. When the order contains multiple captions, send copies of the order to each clerk of court.
Revised May 6, 2011 Filing the Termination Order
The termination order contains captions for support orders filed in Polk and Marion Counties. Send copies of the double-captioned version of the order to both the Polk County clerk of court and the Marion County clerk of court.
When the clerk of court returns the file-stamped copy of the Termination of Order for Income Withholding, enter the file-stamp date in the FILED DATE field. ICAR issues a narrative (IWO75) to document the filing of the order with the clerk of court.
Recording Other Terminations
Record the information on the IWO screen when either the court or another state terminates an order for income withholding.
Court-Ordered Terminations
Before generating the court-ordered termination, press the F10 key on the IWO screen to verify the income provider is linked to the IWO screen. To link the income provider see Generating the Termination Order. After you link the income provider to the IWO, enter the termination order on the IWO screen as follows:
♦ Enter a “C” in the TERMINATION (Y/C)field.
♦ Enter the file-stamped date of the court-ordered termination in the FILED DATE field.
♦ Press the F3 key twice to terminate the IWO on ICAR.
♦ Mail a copy of the termination order to the income provider.
ICAR automatically unlinks all income providers from the IWO and issues two narratives (IWO73 and IWO75) to document the generation of a
court-ordered termination order and the filing of the termination order with the clerk of court.
For terminating an IWO from another state, see Disconnecting an IWO Screen From an Interstate Record.
Revised May 6, 2011 MIW Payments Improperly Withheld