Iowa Recent Legal Answers from Lawyers

I am not a criminal attorney, but I assume she could report him to the police regarding the credit card and it would be up to them and the county attorney whether to charge him or not.  I would assume in that it was 3 years ago and it was paid off, that they would decline to press charges.   It might be relevant in the divorce case, but unless there is other, similar conduct by him, I do not think it would be a significant factor in the divorce.   Property is divided "equitably" in a divorce.  The growth of thier assets during the marriage would be devided.  So, the starting point is when they got married, not when they began living together.  I would need to know more information regarding the pre-marital assets to be able to fully advise regarding what a judge might do.     Donna Miller 515-245-4300 https://www.grefesidney.com/our-team/donna-miller/... Read Answer

Generally yes.  You will need to look at the order/decree language about what is included.  Normally dental and vision is referenced as part of the medical expenses.  If it is not, you would need to seek court assistance to determine if dental and vision is included.    onna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/... Read Answer

You have two options - call DHS so that they may investigate and possibly pull the children from the mother's custody.  There is no guarantee that you would get custody/foster care of them.    The other option is to file a guardianship proceeding to get them.  This would require an attorney for you, an attorney for the children (called a guardian ad litem), and an attonrey for the mother and possibly father (unless they consent to the guardianship).     Parents have many protections, so unless they consent to your custody, it will be a difficult process to get custody of them.    Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/... Read Answer

Technically, you should have had an Satisfaction of Judgment signed and filed at the time you made the payment to alert the court that you had complied with the order.  But, her remedy is to file a motion with the court.  I doubt a judge is going to make you pay an additional $1,500 if you testify that you paid it and she waited 14 years to try to collect (which supports your position that you did make the payment).     If she does file a motion, give me a call and we can help you resolve it.  In the meantime, I would not make a voluntary payment.  If you decide to, make sure you get her to sign a Satisfaction.    Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/... Read Answer

If you are just talking about child support, the general answer is no.  There is a narrow provision where they could get back support for a few months, but not for years.  The increased support, if necessary based on the facts, would be for future payments.   If you are talking about alimony, there is more of a chance to get increased payments, but that would depend on the facts of your case.    Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/... Read Answer

From the information you provide, it appears you have a basis to request a modification of custody, support, and visitation.  A modification requires a substantial change in circumstances since the original decision was entered.     You should consult with an attorney about the procedure to start this process.  If you want to represent yourself, there are forms for child support modification on the Judicial website:  https://www.iowacourts.gov/for-the-public/court-forms/   Donna Miller http://www.grefesidney.com/our-team/donna-miller/... Read Answer

You have the right to a medical evaluation with a doctor of your choosing that the employer/insurance company has to pay for.  This right is triggered once they get thier rating from their doctor.  That doctor can also comment on restrictions that he/she recommends for your condition.  Then, you will have the information you need to evaluate your case.     I do recommend you consult with an attorney about the value of your case and your options regarding settlement.    Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/  ... Read Answer

It would be nice for you to cooperate with him. As this other woman is their step-mother and he feels that she should be able to be the part of his children life in his absence. If you don't cooperate, he can go to court and get that done. So might as well save the trouble and money and simply cooperate unless there is a threat of safety and well being. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read Answer

You should ask that the court reconsider its ruling on the motion to continue.  Did you reist the motion to move the hearing? If not, you are probably stuck.  If so, ask the court to reconsider and set an earlier hearing date and explain your need for emergency relief.     Donna Miller Grefe & Sidney, PLC 515-245-4300... Read Answer

If the divorce decree does not state such things than you have nothing to worry about. Joint Legal Custody requires that both of you have equal rights to making temporary or long term decesions about the child. You have the physical custody of the child so it would be safe to say you can travel, as long as you do not relocate the child without his or court permission. You are traveling only for weekend and is not going to endanger the child or anything and you will be back to give him his visitation hours or whatever. Feel free to contact my office and speak with a case manager for general consultation. And I hope you have a terrific weekend with your new guy. ... Read Answer

Hey Debbie, sorry to hear whats going on. You will need to work with a really competent and aggressive attorney that can assert the situation and plan out a winning case strategy to modify the custody arrangement. A custody modification is not cheap as the matters can proceed to trial. Without a trial be prepared to spend anywhere from $2,500 to $5,000 depending on what attorney you chose to work with. If you are okay to representing yourself than you can lower your litigation expense by hiring a case manager or a family law paralegal. It is best to work with a Family Law specialist so Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com to go over your options. Licensed in New York and New Jersey. Looking forward to hearing from you.... Read Answer

If you have not already asked CSRU to re-calculate your support payments, you should do that.  There is a cap of 50% of your pay, and they should take account of other children you are supporting.  If CSRU does not help, you may need to hire an attorney to review your situation and see if the support amount can be reduced.  Most attorney wlll consult for miniimal/no charge for your first visit.     You may also try Legal Aid, Volunteer Lawyers Project, or Community Lawyers of Iowa for assistance.   Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/  ... Read Answer

Unfortunately, the court cannot modify a property settlement.  If you do not pay, your ex-spouse has the right to seek contempt against you in court.  S/he would have to show that you intentionally are not paying.  If you have a good excuse, the court might find that your non-payment is not intentional.  But, if s/he shows that you are spending money on other debt/things that are not ciritical, it might be found to be intentional.     The punishment for contempt can be time in jail, though generally a judge would not order that for your first contempt.  But, if you continue not to pay, and the judge beleives you have the ability to do so, jail time is a possibility.     Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/... Read Answer

I am sorry that you are experiencing abuse.    You do not need a reason to get divorced in Iowa, so the abuse would not be needed to show a basis for divorce.  If you have children, your husband's abuse would be relevant to child custody.   You can also get a protective order if you fear for your safety.  The forms are available at the clerk's office.     Donna Miller  515-245-4300 http://www.grefesidney.com/our-team/donna-miller/... Read Answer

Iowa has an electronic filing system, so all filings are technically on-line.     This is the website:  https://www.iowacourts.state.ia.us/Efile/notify?pageAction=ViewCases You may want to research filings and forms here:  https://www.iowacourts.gov/for-the-public/court-forms/ You may also want to consult with an attorney.  Most will offer a no/minimal fee for the first 30 minutes.     Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/  ... Read Answer

It would be very difficult to assert grandparent rights in Iowa, even if you have extensive parenting experience with the children.  Also, Iowa loses jurisdiction over the children after they have been in another state for 6 months.  You might do better under that state's laws if they have statutes that protect grandparents' rights.     Donna Miller http://www.grefesidney.com/our-team/donna-miller/... Read Answer

It does not.  The only benefit of filing first is that you get to go first at presenting evidence if you have to go to court.  The first filer does not have an easier time getting custody - they still have to convince the judge as to the best interests of the children.  The filer also has to pay the filing fee, though there is usually an order at the end for the parties to split that.   Donna Miller 515-245-43030 http://www.grefesidney.com/our-team/donna-miller/... Read Answer

If you wanted to change law firms/attorneys, you can do so.  The transition would be subject to the fee agreement you signed with your current attorney.  Generally, they are paid by the hour for the time they have spent on your case, but you should read that regarding what you agreed to if you cancel the contract.  I think other attorneys will talk to you about your case.     Donna Miller http://www.grefesidney.com/our-team/donna-miller/... Read Answer

A lot depends on whether that charge resulted in a conviction for the same. If it did, you will need a waiver since this type of inadmissibility does not go away with time. Hence, no need to wait for ten years to lapse. If you have an immigrant avenue to pursue, you will need a waiver under INA 212(h). It is filed for on USCIS form I-601 after the visa rejection. You will also need to seek permission to reenter after deportation. It is filed for on USCIS form I-212 and could be filed simultaneously with the I-601 and on the same grounds - extreme hardship to a qualifying relative. If you need to travel here as a nonimmigrant and do not run into immigrant intent obstacle, you can seek a nonimmigrant visa waiver. This waiver is filed for at the consulate on USCIS form I-192 and is liberally granted based on need to travel. For more information, read here: http://myattorneyusa.com/inadmissibility-for-criminal-and-related-grounds#A(2).%20Offenses%20Involving%20Controlled%20Substances   You should consult with an immigration lawyer about your situation before undertaking any steps forward. ... Read Answer

Unfortunately, there is no average cost for divorce because the fee will be based on the time necessary for your particular case.  If you and your wife agree on all/most issues, and it is pretty straightforward, I would estimate up to $5,000.  If you do not agree, and it takes longer to work out the terms, then it would cost more.     If you would like to discuss your case, please let me know.  Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/  ... Read Answer

You need to review the current custody order and see what restrictions are in place regarding moving the child from one state to another. If it was to a different county within the same state, most times it would be okay. But to move out of state, gets little complicated, as one parent might fear that the move will cause hardship on them to maintain visitation/parental rights. So if you can cooperate with the other parent and see if you can move with their permission, you can proceed to court to modify the custody order to reference the new address of the child to be relocated to. Hiring a lawyer might sound a bit burdensome, but it will be worth it to relieve stress and make the move easier. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read Answer