239B.6 ASSIGNMENT OF SUPPORT RIGHTS OR BENEFITS.
1. An assignment of support rights to the department is created
by either of the following:
a. An applicant and other persons covered by an application
are deemed to have assigned to the department at the time of
application all rights to periodic support payments that accrue
during the period the family receives assistance to the extent of the
amount of assistance received by the applicant and by other persons
covered by the application.
b. A determination that a child or another person covered by
an application is eligible for assistance under this chapter creates
an assignment by operation of law to the department of all rights to
periodic support payments that accrue during the period the family
receives assistance not to exceed the amount of assistance received
by the child and other persons covered by the application.
2. An assignment takes effect upon determination that an
applicant or another person covered by an application is eligible for
assistance under this chapter, applies to both current and accruing
support obligations, and terminates when an applicant or another
person covered by an application ceases to receive assistance under
this chapter, except with respect to the amount of unpaid support
obligations accrued during the assignment. If an applicant or
another person covered by an application ceases to receive assistance
under this chapter and the applicant or other person covered by the
application receives a periodic support payment, subject to
limitations under federal law and subject to subsection 3, the
department is entitled only to that amount of the periodic support
payment above the current periodic support obligation.
3. Any rights to support payments assigned to the department on
or before September 30, 2009, shall remain assigned to the
department.
4. Assistance paid or payable under this chapter is not
transferable or assignable at law or in equity, and none of the
assistance paid or payable is subject to execution, levy, attachment,
garnishment, or other legal process, or to the operation of any
bankruptcy or insolvency law.
Section History: Recent Form
97 Acts, ch 41, §7, 34; 2008 Acts, ch 1019, §1, 2, 7
Referred to in § 252A.13, 252C.2, 598.21C, 598.34, 600B.38
239B.6 ASSIGNMENT OF SUPPORT RIGHTS OR BENEFITS.
1. An assignment of support rights to the department is created
by either of the following:
a. An applicant and other persons covered by an application
are deemed to have assigned to the department at the time of
application all rights to periodic support payments that accrue
during the period the family receives assistance to the extent of the
amount of assistance received by the applicant and by other persons
covered by the application.
b. A determination that a child or another person covered by
an application is eligible for assistance under this chapter creates
an assignment by operation of law to the department of all rights to
periodic support payments that accrue during the period the family
receives assistance not to exceed the amount of assistance received
by the child and other persons covered by the application.
2. An assignment takes effect upon determination that an
applicant or another person covered by an application is eligible for
assistance under this chapter, applies to both current and accruing
support obligations, and terminates when an applicant or another
person covered by an application ceases to receive assistance under
this chapter, except with respect to the amount of unpaid support
obligations accrued during the assignment. If an applicant or
another person covered by an application ceases to receive assistance
under this chapter and the applicant or other person covered by the
application receives a periodic support payment, subject to
limitations under federal law and subject to subsection 3, the
department is entitled only to that amount of the periodic support
payment above the current periodic support obligation.
3. Any rights to support payments assigned to the department on
or before September 30, 2009, shall remain assigned to the
department.
4. Assistance paid or payable under this chapter is not
transferable or assignable at law or in equity, and none of the
assistance paid or payable is subject to execution, levy, attachment,
garnishment, or other legal process, or to the operation of any
bankruptcy or insolvency law.
Section History: Recent Form
97 Acts, ch 41, §7, 34; 2008 Acts, ch 1019, §1, 2, 7
Referred to in § 252A.13, 252C.2, 598.21C, 598.34, 600B.38
239B.6 ASSIGNMENT OF SUPPORT RIGHTS OR BENEFITS.
1. An assignment of support rights to the department is created
by either of the following:
a. An applicant and other persons covered by an application
are deemed to have assigned to the department at the time of
application all rights to periodic support payments that accrue
during the period the family receives assistance to the extent of the
amount of assistance received by the applicant and by other persons
covered by the application.
b. A determination that a child or another person covered by
an application is eligible for assistance under this chapter creates
an assignment by operation of law to the department of all rights to
periodic support payments that accrue during the period the family
receives assistance not to exceed the amount of assistance received
by the child and other persons covered by the application.
2. An assignment takes effect upon determination that an
applicant or another person covered by an application is eligible for
assistance under this chapter, applies to both current and accruing
support obligations, and terminates when an applicant or another
person covered by an application ceases to receive assistance under
this chapter, except with respect to the amount of unpaid support
obligations accrued during the assignment. If an applicant or
another person covered by an application ceases to receive assistance
under this chapter and the applicant or other person covered by the
application receives a periodic support payment, subject to
limitations under federal law and subject to subsection 3, the
department is entitled only to that amount of the periodic support
payment above the current periodic support obligation.
3. Any rights to support payments assigned to the department on
or before September 30, 2009, shall remain assigned to the
department.
4. Assistance paid or payable under this chapter is not
transferable or assignable at law or in equity, and none of the
assistance paid or payable is subject to execution, levy, attachment,
garnishment, or other legal process, or to the operation of any
bankruptcy or insolvency law.
Section History: Recent Form
97 Acts, ch 41, §7, 34; 2008 Acts, ch 1019, §1, 2, 7
Referred to in § 252A.13, 252C.2, 598.21C, 598.34, 600B.38
