Iowa Child Support Legal Questions

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 More

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 More

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 More

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 More

 I do not know about government benefits, but it should not be used to calculate child support (unless there are extenuating circumstances - both parents have very low income, e.g.).  If the money is in your name, you cannot be forced to pay for college.     Donna Miller Grefe & Sidney 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/... Read More

If you want to proceed without an attorney, you will need to file a contempt action against him.  You would need to come to Iowa for the hearing unless you asked the judge for permission to appear by phone.  You would need to show that he has the resources to pay more but is not doing so.     Donna Miller http://www.grefesidney.com/our-team/donna-miller/... Read More

It is hard to know exactly why the judge ruled the way he did, but support and custody are primarily based on where the children are overnight.  Thus, even if the children spend most of the day with one parent, it is counted as the other parent's day if they spend the night with him/her.   Attorneys will usually provide a free/minimal fee consultation to discuss a case.  Many will also agree to represent a party for a limited time to assist.   If the temporary order is as you state, it may be hard to get it changed, but the best way to do that is to consult with an attonrey.  They may agree to a payment plan between now and March so he can have asisstance for trial.     Donna Miller 515-245-4300http://www.grefesidney.com/our-team/donna-miller/  ... Read More

Do you have a court order stating when support should last?  You will likely need to file with that same court to get an order formally ending support.  You should also speak to Child Support Recovery regarding ending support payments.     Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/... Read More

The determination about whether to change the alimony amount is based on more than just income, so it it is not guaranteed that a judge would agree to his request.  It also matters why he lost his job and what the future looks like for his income.  The decree is very new and judges are reluctant to make changes very soon after a decree is entered.  So, you should talk to an attorney about all of the facts to find out if you should agree to a reduction, and if so, how much.  It may be worth fighting. Most attorneys will consult with you on an hourly basis.     Good luck!   Donna Miller Grefe & Sidney 515-245-4300    ... Read More

This is standard language for an agreement.  It means that he must be paid up - for years prior as well as the January payment by the end of January to take the deduction.  There may be some leeway if the balance of the January payment was to be made with the first February paycheck, but otherwise the balance should be $0 to take the deductoin.    Donna Miller Grefe & Sidney 515-245-4300... Read More

You would need to start the process to disestablish paternity.  That means filing a petition with the court and taking a DNA test to show the child is not his.  Even if the DNA comes out favorably, the Court could still deny the petition if your husband has established a relationship with the child.  If paternity is disestablished, he will not have to pay support anymore.     DONNA R. MILLER Telephone 515.245.4300 | Fax 515.245.4452  Email dmiller@grefesidney.com   GREFE • SIDNEY 500 East Court Avenue Suite 200 | P.O. Box 10434    Des Moines, Iowa 50306 | www.grefesidney.com   ... Read More