518A.735 ENFORCEMENT OF CHILD SUPPORT.
(a) A child support obligee is entitled to recover from the obligor reasonable attorney fees
and other collection costs incurred to enforce a child support judgment, as provided in this
section. In order to recover collection costs under this section, the arrearages must be at least $500
and must be at least 90 days past due. In addition, the arrearages must be a docketed judgment
. If the obligor pays in full the judgment rendered under section
within 20 days of receipt of notice of entry of judgment, the obligee is not entitled to
recover attorney fees or collection costs under this section.
(b) Written notice must be provided by any obligee contracting with an attorney or collection
entity to enforce a child support judgment to the public authority responsible for child support
enforcement, if the public authority is a party or provides services to a party, within five days
of signing a contract for services and within five days of receipting any payments received on
a child support judgment. Attorney fees and collection costs obtained under this section are
considered child support and entitled to the applicable remedies for collection and enforcement
of child support.
(c) The obligee shall serve notice of the obligee's intent to recover attorney fees and
collections costs by certified or registered mail on the obligor at the obligor's last known address.
The notice must include an itemization of the attorney fees and collection costs being sought by
the obligee and inform the obligor that the fees and costs will become an additional judgment
for child support unless the obligor requests a hearing on the reasonableness of the fees and
costs or to contest the child support judgment on grounds limited to mistake of fact within 20
days of mailing of the notice.
(d) If the obligor requests a hearing, the only issues to be determined by the court are
whether the attorney fees or collection costs were reasonably incurred by the obligee for the
enforcement of a child support judgment against the obligor or the validity of the child support
judgment on grounds limited to mistake of fact. The fees and costs may not exceed 30 percent of
the arrearages. The court may modify the amount of attorney fees and costs as appropriate and
shall enter judgment accordingly.
(e) If the obligor fails to request a hearing within 20 days of mailing of the notice under
paragraph (a), the amount of the attorney fees or collection costs requested by the obligee in the
notice automatically becomes an additional judgment for child support.
(f) The commissioner of human services shall prepare and make available to the court and
the parties forms for use in providing for notice and requesting a hearing under this section.
History: (8593) RL s 3582; 1955 c 687 s 1; 1974 c 107 s 11; 1978 c 772 s 30; 1986 c 444;
1990 c 574 s 10; 1993 c 340 s 20; 1994 c 630 art 11 s 5; 1997 c 187 art 2 s 10; 2005 c 164 s
29; 1Sp2005 c 7 s 28