Iowa Code

Iowa Code § 234.39 (2026)

Responsibility for cost of services

✓ current as of July 2026

Find cases: SyfertCases citing this section IA-LEGlegis.iowa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

1. It is the intent of this chapter that an individual receiving foster care services and the individual’s parents or guardians shall have primary responsibility for paying the cost of the care and services. The support obligation established and adopted under this section shall be consistent with the limitations on legal liability established under sections 222.78 and 230.15, and by any other statute limiting legal responsibility for support which may be imposed on a person for the cost of care and services provided by the department. The department shall notify an individual’s parents or guardians, at the time of the placement of an individual in foster care, of the responsibility for paying the cost of care and services. Support obligations shall be established as follows:

a. For an individual to whom section 234.35, subsection 1, is applicable, a dispositional order of the juvenile court requiring the provision of foster care, or an administrative order entered pursuant to chapter 252C, or any order establishing paternity and support for a child in foster care, shall establish, after notice and a reasonable opportunity to be heard is provided to a parent or guardian, the amount of the parent’s or guardian’s support obligation for the \n Tue Dec 09 22:20:56 2025 Iowa Code 2026, Chapter 234 (62, 1) 9 CHILD AND FAMILY SERVICES, §234.39\n\ncost of foster care provided by the department. The amount of the parent’s or guardian’s support obligation and the amount of support debt accrued and accruing shall be established in accordance with the child support guidelines prescribed under section 598.21B. However, the court, or the department in establishing support by administrative order, may deviate from the prescribed obligation after considering a recommendation by the department for expenses related to goals and objectives of a case permanency plan as defined under section 237.15, and upon written findings of fact which specify the reason for deviation and the prescribed guidelines amount. Any order for support shall direct the payment of the support obligation to the collection services center for the use of the department’s foster care services. The order shall be filed with the clerk of the district court in which the responsible parent or guardian resides and has the same force and effect as a judgment when entered in the judgment docket and lien index. The collection services center shall disburse the payments pursuant to the order and record the disbursements. If payments are not made as ordered, child support services may certify a default to the court and the court may, on its own motion, proceed under section 598.22 or 598.23 or child support services may enforce the judgment as allowed by law. An order entered under this paragraph may be modified only in accordance with the guidelines prescribed under section 598.21C, or under chapter 252H.

b. For an individual who is served by the department under section 234.35, and is not subject to a dispositional order of the juvenile court requiring the provision of foster care, the department shall determine the obligation of the individual’s parent or guardian pursuant to chapter 252C and in accordance with the child support guidelines prescribed under section 598.21B. However, the department may adjust the prescribed obligation for expenses related to goals and objectives of a case permanency plan as defined under section 237.15. An obligation determined under this paragraph may be modified only in accordance with conditions under section 598.21C, or under chapter 252H.

2. a. A person entitled to periodic support payments pursuant to an order or judgment entered in any action for support, who also is or has a child receiving foster care services, is deemed to have assigned to the department current and accruing support payments attributable to the child effective as of the date the child enters foster care placement, to the extent of expenditure of foster care funds. The department shall notify the clerk of the district court when a child entitled to support payments is receiving foster care services pursuant to chapter 234. Upon notification by the department that a child entitled to periodic support payments is receiving foster care services, the clerk of the district court shall make a notation of the automatic assignment in the judgment docket and lien index. The notation constitutes constructive notice of assignment. The clerk of court shall furnish the department with copies of all orders and decrees awarding support when the child is receiving foster care services. At the time the child ceases to receive foster care services, the assignment of support shall be automatically terminated. Unpaid support accrued under the assignment of support rights during the time that the child was in foster care remains due to the department up to the amount of unreimbursed foster care funds expended. The department shall notify the clerk of court of the automatic termination of the assignment. Unless otherwise specified in the support order, an equal and proportionate share of any child support awarded shall be presumed to be payable on behalf of each child subject to the order or judgment for purposes of an assignment under this section.

b. An assignment of support under paragraph “a” shall not apply when a child is placed with a relative or fictive kin as those terms are defined in section 232.2, unless the relative or fictive kin is an individual licensee or an approved kinship caregiver under chapter 237.

3. The support debt for the costs of services, for which a support obligation is established pursuant to this section, which accrues prior to the establishment of the support debt, shall be collected, at a maximum, in the amount which is the amount of accrued support debt for the three months preceding the earlier of the following:

a. The provision by child support services of the initial notice to the parent or guardian of the amount of the support obligation.

b. The date that the written request for a court hearing is received by child support services as provided in section 252C.3 or 252F.3.

4. If the department makes a subsidized guardianship payment for a child, the payment \n Tue Dec 09 22:20:56 2025 Iowa Code 2026, Chapter 234 (62, 1) §234.39, CHILD AND FAMILY SERVICES 10\n\nshall be considered a foster care payment for purposes of child support services. All provisions of this and other sections, and of rules and orders adopted or entered pursuant to those sections, including for the establishment of a paternity or support order, for the amount of a support obligation, for the modification or adjustment of a support obligation, for the assignment of support, and for enforcement shall apply as if the child were receiving foster care services, or were in foster care placement, or as if foster care funds were being expended for the child. This subsection shall apply regardless of the date of placement in foster care or subsidized guardianship or the date of entry of an order, and foster care and subsidized guardianship shall be considered the same for purposes of child support services. [C75, 77, 79, 81, §234.39] 83 Acts, ch 96, §160; 83 Acts, ch 153, §3; 89 Acts, ch 166, §1; 90 Acts, ch 1270, §45; 92 Acts, ch 1195, §303, 304; 92 Acts, ch 1229, §27; 94 Acts, ch 1171, §8; 95 Acts, ch 52, §1; 96 Acts, ch 1213, §36, 37; 97 Acts, ch 175, §227; 99 Acts, ch 127, §1; 2005 Acts, ch 69, §1; 2016 Acts, ch 1011, §40; 2023 Acts, ch 19, §684; 2024 Acts, ch 1157, §62; 2025 Acts, ch 135, §10 Referred to in §232.4, 232.78, 234.8, 252A.13, 598.21C, 598.34, 600B.38 Subsection 2, paragraph b amended \n

Notes of Decisions

Cited in 19 cases (1 in the last 5 years), 1991–2021 · leading case: State Ex Rel. Schuder v. Schuder, 578 N.W.2d 685 (Iowa 1998).

Sort: Relevance Newest Treatment

State Ex Rel. Schuder v. Schuder, 578 N.W.2d 685 (Iowa 1998). · cites it 14× “1195, § 304 (codified at Iowa Code § 234.39 (3) (1993)). Accordingly, in October 1996 the State filed a notice of an assignment pursuant to Iowa Code section 234.”

In Re the Marriage of Bergfeld, 465 N.W.2d 865 (Iowa 1991). · cites it 6× “t the guidelines would be unjust or inappropriate as determined under the following criteria: (1) Substantial injustice would result to the payor, payee, or child; (2) Adjustments are necessary to provide for the needs of the child and to do justice between the parties, payor,…”

In Re the Marriage of Gaer, 476 N.W.2d 324 (Iowa 1991). · cites it 2× “t the guidelines would be unjust or inappropriate as determined under the following criteria: (1) Substantial injustice would result to the payor, payee, or child; (2) Adjustments are necessary to provide for the needs of the child and to do justice between the parties, payor,…”

In the Interest of B.G., 508 N.W.2d 687 (Iowa 1993). · cites it 26× “1195, § 304 (codified as amended at Iowa Code § 234.39 (3) (1993)). This amendment also required the court to make written findings of fact which specify the reason for the court’s deviation from the child support guidelines.”

In Re the Marriage of Knickerbocker, 601 N.W.2d 48 (Iowa 1999). · cites it 2× “t the guidelines would be unjust or inappropriate as determined under the following criteria: (1) Substantial injustice would result to the payor, payee, or child; (2) Adjustments are necessary to provide for the needs of the child and to do justice between the parties, payor,…”

In Re the Marriage of Close, 478 N.W.2d 852 (Iowa Ct. App. 1991). · cites it 4× “Those criteria are as follows: (1) Substantial injustice would result to the payor, payee, or child; (2) Adjustments are necessary to provide for the needs of the child and to do justice between the parties, payor, or payee under the special circumstances of the case; and (3)…”

In Re the Marriage of Bonnette, 492 N.W.2d 717 (Iowa Ct. App. 1992). · cites it 2× “zed several factors under which it would be unjust and inappropriate to apply the guidelines: (1) Substantial injustice would result to the payor, payee, or child; (2) Adjustments are necessary to provide for the needs of the child and to do justice between the parties, payor,…”

In Re the Marriage of Worthington, 504 N.W.2d 147 (Iowa Ct. App. 1993). · cites it 4× “The court may vary from the guidelines if it finds: (1) Substantial injustice would result to the payor, payee, or child; (2) Adjustments are necessary to provide for the needs of the child and to do justice between the parties, payor, or payee under the special circumstances of…”

Iowa Dep't of Human Servs. Ex Rel. Gonzales v. Gable, 474 N.W.2d 581 (Iowa Ct. App. 1991). · cites it 2× “(2) Adjustments are necessary to provide for the needs of the child and to do justice between the parties, payor, or payee under the special circumstances of the case; and (3) Circumstances contemplated in Iowa Code section 234.39 (cost of services provided by the Iowa…”

In Re Marriage of Hornung, 480 N.W.2d 91 (Iowa Ct. App. 1991). · cites it 2× “t the guidelines would be unjust or inappropriate as determined under the following criteria: (1) Substantial injustice would result to the payor, payee, or child; (2) Adjustments are necessary to provide for the needs of the child and to do justice between the parties, payor,…”

State Ex Rel. Epps Ex Rel. Epps v. Epps, 473 N.W.2d 56 (Iowa 1991). · cites it 2× “The guidelines authorize variation when (1) Substantial injustice would result to the payor, payee, or child; (2) Adjustments are necessary to provide for the needs of the child and to do justice between the parties, payor, or *59 payee under the special circumstances of the…”

In Re the Marriage of Russell, 479 N.W.2d 592 (Iowa Ct. App. 1991). · cites it 4× “his equitable determination the court must make written findings using the following criteria: (1) Substantial injustice would result to the payor, payee, or child; (2) Adjustments are necessary to provide for the needs of the child and to do justice between the parties, payor…”

Show all 19 citing cases →

— Iowa Code § 234.39(1) — 1 case

In the Interest of B.G., 508 N.W.2d 687 (Iowa 1993). “1195, § 304 (codified as amended at Iowa Code § 234.39 (3) (1993)). This amendment also required the court to make written findings of fact which specify the reason for the court’s deviation from the child support guidelines.”

— Iowa Code § 234.39(3) — 3 cases

State Ex Rel. Schuder v. Schuder, 578 N.W.2d 685 (Iowa 1998). “1195, § 304 (codified at Iowa Code § 234.39 (3) (1993)). Accordingly, in October 1996 the State filed a notice of an assignment pursuant to Iowa Code section 234.”

In re the Marriage of Peed, 578 N.W.2d 259 (Iowa Ct. App. 1998).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.