Iowa Code » Chapter 910 — RESTITUTION
Iowa Code

Iowa Code § 910.2A (2026)

Reasonable ability to pay — category “B” restitution payments

✓ current as of July 2026
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1. An offender is presumed to have the reasonable ability to make restitution payments for the full amount of category “B” restitution. 2. If an offender requests that the court determine the amount of category “B” restitution payments the offender is reasonably able to make toward paying the full amount of such restitution, the court shall hold a hearing and make such a determination, subject to the following provisions: a. To obtain relief at such a hearing, the offender must affirmatively prove by a preponderance of the evidence that the offender is unable to reasonably make payments toward the full amount of category “B” restitution. b. The offender must furnish the prosecuting attorney and sentencing court with a completed financial affidavit. Failure to furnish a completed financial affidavit waives any claim regarding the offender’s reasonable ability to pay. c. The prosecuting attorney, the attorney for the defendant, and the court shall be permitted to question the offender regarding the offender’s reasonable ability to pay. d. Based on the evidence offered at the hearing, including but not limited to the financial affidavit, the court shall determine the amount of category “B” restitution the offender is reasonably able to make payments toward, and order the offender to make payments toward that amount. 3. a. If an offender does not make a request as provided in subsection 2 at the time of sentencing or within thirty days after the court issues a permanent restitution order, the court shall order the offender to pay the full amount of category “B” restitution. b. An offender’s failure to request a determination pursuant to this section waives all future claims regarding the offender’s reasonable ability to pay, except as provided by section 910.7. 4. If an offender requests that the court make a determination pursuant to subsection 2, the offender’s financial affidavit shall be filed of record in all criminal cases for which the offender owes restitution and the affidavit shall be accessible by a prosecuting attorney or attorney for the offender without court order or appearance. 5. A court that makes a determination under this section is presumed to have properly exercised its discretion. A court is not required to state its reasons for making a determination. 2020 Acts, ch 1074, §72, 83 Referred to in §910.2, 910.2B

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Notes of Decisions
Cited in 23 cases (17 in the last 5 years), 2020–2024 · leading case: State of Iowa v. Erica Lyne West Vangen (Iowa 2022).
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State of Iowa v. Erica Lyne West Vangen (Iowa 2022). · cites it 14× “McCalley, we concluded the defendant waived her challenge to application of Iowa Code section 910.2A to her sentence by “failing to avail herself of multiple opportunities to timely request a determination on her ability to pay.”
State of Iowa v. Phillip Devin Roberts (Iowa Ct. App. 2024). · cites it 8× “Iowa Code section 910.2A controls how an offender’s reasonable ability to pay category “B” restitution is determined.”
State of Iowa v. Dennis Earl Estabrook, Jr. (Iowa Ct. App. 2023). · cites it 7× “Any such request to the court would be subject to the rules and requirements of section 910.2A. The defendant is additionally noticed that failure to request reduction or waiver of category “B” restitution within 30 days of the entry of judgment constitutes a permanent waiver of…”
State of Iowa v. Thomas Deshawn Holmes (Iowa 2021). · cites it 6× “The provisions of this chapter, including but not limited to the procedures in section 910.2A, shall apply to a challenge to the conversion of an existing restitution order in the district court and on appeal.”
State of Iowa v. Shanna Dessinger (Iowa 2021). · cites it 6× “When imposing restitution for items such as court costs, district courts are bound by the reasonable-ability-to-pay determination required by Iowa Code section 910.2A (2021). In the time since Dessinger’s appeal, the legislature enacted Senate File 457 (S.”
State of Iowa v. Shanna Dessinger (Iowa 2021). · cites it 6× “When imposing restitution for items such as court costs, district courts are bound by the reasonable-ability-to-pay determination required by Iowa Code section 910.2A (2021). In the time since Dessinger’s appeal, the legislature enacted Senate File 457 (S.”
State of Iowa v. Aviana Eshante Smith (Iowa Ct. App. 2021). · cites it 6× “Thus, we remand to the district court with instructions to allow Smith to follow the procedures required by section 910.2A. IV. Conclusion. We find no error in Smith’s sentencing, thus we affirm the sentences ordered by the district court.”
State of Iowa v. Nathan Ray Tesch (Iowa Ct. App. 2023). · cites it 6× “2d 707, 710 (Iowa 1989) (“One of the goals of our criminal justice system is to afford both the 8Section 910.2A states, in relevant part: 2.”
State of Iowa v. Derek Michael White (Iowa Ct. App. 2023). · cites it 5× “§ 910.2A(2)(a). At the sentencing hearing, the court placed White under oath and asked him questions about his financial status.”
State of Iowa v. Eluber Leonel Rodriguez Garcia (Iowa Ct. App. 2022). · cites it 4× “First, he challenges part of Iowa Code section 910.2A(5) as unconstitutional, arguing the legislature violated the separation-of-powers doctrine by including the following sentence: “A court is not required to state its reasons for making a determination.”
State of Iowa v. Walter Cordell Williams (Iowa Ct. App. 2020). · cites it 3× “2B(3)) (“The provisions of this chapter, including but not limited to the procedures in section 910.2A, shall apply to a challenge to the conversion of an existing restitution order in the district court and on appeal.”
State of Iowa v. Hayes Edward William Kern (Iowa Ct. App. 2021). · cites it 3× “§ 910.2A(1). Because he did not file an affidavit or appear, he failed to meet his burden to show he had no reasonable ability to pay.”
Show all 23 citing cases →
— Iowa Code § 910.2A(1) — 2 cases
State of Iowa v. Hayes Edward William Kern (Iowa Ct. App. 2021). “§ 910.2A(1). Because he did not file an affidavit or appear, he failed to meet his burden to show he had no reasonable ability to pay.”
State of Iowa v. Phillip Devin Roberts (Iowa Ct. App. 2024). “Iowa Code section 910.2A controls how an offender’s reasonable ability to pay category “B” restitution is determined.”
— Iowa Code § 910.2A(2) — 4 cases
State of Iowa v. Aviana Eshante Smith (Iowa Ct. App. 2021). “Thus, we remand to the district court with instructions to allow Smith to follow the procedures required by section 910.2A. IV. Conclusion. We find no error in Smith’s sentencing, thus we affirm the sentences ordered by the district court.”
State of Iowa v. Tiffany Sue McCalley (Iowa 2022).
State of Iowa v. Erica Lyne West Vangen (Iowa 2022). “McCalley, we concluded the defendant waived her challenge to application of Iowa Code section 910.2A to her sentence by “failing to avail herself of multiple opportunities to timely request a determination on her ability to pay.”
State of Iowa v. Dennis Earl Estabrook, Jr. (Iowa Ct. App. 2023). “Any such request to the court would be subject to the rules and requirements of section 910.2A. The defendant is additionally noticed that failure to request reduction or waiver of category “B” restitution within 30 days of the entry of judgment constitutes a permanent waiver of…”
— Iowa Code § 910.2A(2)(a) — 5 cases
State of Iowa v. Hayes Edward William Kern (Iowa Ct. App. 2021). “§ 910.2A(1). Because he did not file an affidavit or appear, he failed to meet his burden to show he had no reasonable ability to pay.”
State of Iowa v. Erica Lyne West Vangen (Iowa 2022). “McCalley, we concluded the defendant waived her challenge to application of Iowa Code section 910.2A to her sentence by “failing to avail herself of multiple opportunities to timely request a determination on her ability to pay.”
State of Iowa v. Derek Michael White (Iowa Ct. App. 2023). “§ 910.2A(2)(a). At the sentencing hearing, the court placed White under oath and asked him questions about his financial status.”
State of Iowa v. Dennis Earl Estabrook, Jr. (Iowa Ct. App. 2023). “Any such request to the court would be subject to the rules and requirements of section 910.2A. The defendant is additionally noticed that failure to request reduction or waiver of category “B” restitution within 30 days of the entry of judgment constitutes a permanent waiver of…”
State of Iowa v. Phillip Devin Roberts (Iowa Ct. App. 2024). “Iowa Code section 910.2A controls how an offender’s reasonable ability to pay category “B” restitution is determined.”
— Iowa Code § 910.2A(2)(b) — 5 cases
State of Iowa v. Derek Michael White (Iowa Ct. App. 2023). “§ 910.2A(2)(a). At the sentencing hearing, the court placed White under oath and asked him questions about his financial status.”
State of Iowa v. Phillip Devin Roberts (Iowa Ct. App. 2024). “Iowa Code section 910.2A controls how an offender’s reasonable ability to pay category “B” restitution is determined.”
State of Iowa v. Hayes Edward William Kern (Iowa Ct. App. 2021). “§ 910.2A(1). Because he did not file an affidavit or appear, he failed to meet his burden to show he had no reasonable ability to pay.”
State of Iowa v. Booker Deon McKinney (Iowa Ct. App. 2023).
State of Iowa v. Michelle Lee Boat (Iowa Ct. App. 2024).
— Iowa Code § 910.2A(2)(d) — 3 cases
State of Iowa v. Erica Lyne West Vangen (Iowa 2022). “McCalley, we concluded the defendant waived her challenge to application of Iowa Code section 910.2A to her sentence by “failing to avail herself of multiple opportunities to timely request a determination on her ability to pay.”
State of Iowa v. Michelle Lee Boat (Iowa Ct. App. 2024).
State of Iowa v. Phillip Devin Roberts (Iowa Ct. App. 2024). “Iowa Code section 910.2A controls how an offender’s reasonable ability to pay category “B” restitution is determined.”
— Iowa Code § 910.2A(3) — 1 case
State of Iowa v. Dennis Earl Estabrook, Jr. (Iowa Ct. App. 2023). “Any such request to the court would be subject to the rules and requirements of section 910.2A. The defendant is additionally noticed that failure to request reduction or waiver of category “B” restitution within 30 days of the entry of judgment constitutes a permanent waiver of…”
— Iowa Code § 910.2A(3)(a) — 4 cases
State of Iowa v. Nathan Ray Tesch (Iowa Ct. App. 2023). “2d 707, 710 (Iowa 1989) (“One of the goals of our criminal justice system is to afford both the 8Section 910.2A states, in relevant part: 2.”
State of Iowa v. Shanna Dessinger (Iowa 2021). “When imposing restitution for items such as court costs, district courts are bound by the reasonable-ability-to-pay determination required by Iowa Code section 910.2A (2021). In the time since Dessinger’s appeal, the legislature enacted Senate File 457 (S.”
State of Iowa v. Shanna Dessinger (Iowa 2021). “When imposing restitution for items such as court costs, district courts are bound by the reasonable-ability-to-pay determination required by Iowa Code section 910.2A (2021). In the time since Dessinger’s appeal, the legislature enacted Senate File 457 (S.”
State of Iowa v. Tiffany Sue McCalley (Iowa 2022).
— Iowa Code § 910.2A(3)(b) — 3 cases
State of Iowa v. Shanna Dessinger (Iowa 2021). “When imposing restitution for items such as court costs, district courts are bound by the reasonable-ability-to-pay determination required by Iowa Code section 910.2A (2021). In the time since Dessinger’s appeal, the legislature enacted Senate File 457 (S.”
State of Iowa v. Shanna Dessinger (Iowa 2021). “When imposing restitution for items such as court costs, district courts are bound by the reasonable-ability-to-pay determination required by Iowa Code section 910.2A (2021). In the time since Dessinger’s appeal, the legislature enacted Senate File 457 (S.”
State of Iowa v. Tiffany Sue McCalley (Iowa 2022).
— Iowa Code § 910.2A(5) — 5 cases
State of Iowa v. Eluber Leonel Rodriguez Garcia (Iowa Ct. App. 2022). “First, he challenges part of Iowa Code section 910.2A(5) as unconstitutional, arguing the legislature violated the separation-of-powers doctrine by including the following sentence: “A court is not required to state its reasons for making a determination.”
State of Iowa v. Erica Lyne West Vangen (Iowa 2022). “McCalley, we concluded the defendant waived her challenge to application of Iowa Code section 910.2A to her sentence by “failing to avail herself of multiple opportunities to timely request a determination on her ability to pay.”
State of Iowa v. Dennis Earl Estabrook, Jr. (Iowa Ct. App. 2023). “Any such request to the court would be subject to the rules and requirements of section 910.2A. The defendant is additionally noticed that failure to request reduction or waiver of category “B” restitution within 30 days of the entry of judgment constitutes a permanent waiver of…”
State of Iowa v. Phillip Devin Roberts (Iowa Ct. App. 2024). “Iowa Code section 910.2A controls how an offender’s reasonable ability to pay category “B” restitution is determined.”
State of Iowa v. Latoya Jere Burton (Iowa Ct. App. 2024).
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