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Child Support
Iowa
Law
Parents have a legal obligation to support their minor
children. This obligation shall
continue for a child who is between the ages of eighteen and nineteen
years who is engaged full-time in completing high school graduation or equivalency
requirements in a manner which is reasonably expected to result in
completion of requirements prior to the person reaching nineteen years of
age; and may include support for a child of any age who is dependent on
the parties because of physical or mental disability.
Iowa law requires
that the amount of a parent's child support obligation be determined by
applying uniform child support guidelines prescribed by the Iowa Supreme
Court. The purpose of the
guidelines is to provide for the best interests of the children by
recognizing the duty of both parents to provide adequate support for
their children in proportion to their respective incomes. An order may vary from the guideline
amount only if the court finds such adjustment necessary to provide for
the needs of the children and to do justice between the parties under the
special circumstances of individual cases.
For
more information see Iowa Code sections 598.1(9) and 598.21B.
Medical Support for a Child
The court shall order as child medical
support a health benefit plan if available to either parent at a
reasonable cost. A health benefit
plan is considered reasonable in cost if it is employment-related or
other group health insurance. For
more information see Iowa Code section 598.21B(3).
Where to Send Child Support Payments
All
child support payments must be sent to either the clerk of court
office or the collection services center of the department of human
services. Do not send payments directly to the other parent. If you are in
doubt as to the proper location for sending your payment, check your
child support order.
If
you have a question about a payment that is processed by the clerk of
court office, you may check records online or go to the appropriate clerk
of court office (8 a.m. to 4:30 p.m. Monday-Friday). Clerk of court offices do not provide
case information over the telephone. If you have a question about a
payment that is processed by the collections services center, you may call
the collection service center's 24-hour telephone number: 1-800-223-1302
(toll free) or 1-515-281-8994.
Post
Secondary Education Support
Iowa law provides
that a court may order parents to pay certain college expenses of a
child. This amount is referred to as a "post secondary
subsidy." In determining
whether to order this subsidy, the court shall consider the age of the
child, the child's abilities, the child's financial resources, whether
the child is self-sustaining, and the financial condition of each parent.
The
amount of a court-ordered post secondary subsidy is based upon: (1) the
reasonable cost of attending an in-state public institution for a course
of study leading to an undergraduate degree and reasonable costs for only
necessary postsecondary education expenses; and (2) the child's financial
resources including the availability of financial aid and the child's
ability to work while attending school.
After
deducting the child's expected contribution, the court shall apportion
the cost remaining among the parents. However, the amount paid by each
parent shall not exceed thirty-three and one-third percent of the total
cost of the post secondary education.
The post secondary subsidy shall be paid to the child or the
educational institution—not the custodial parent.
For
more information see Iowa Code section 598.21F
Modification
of Support Orders
The
court may subsequently modify a child support order if there is a
substantial change of circumstances.
When determining whether a substantial change of circumstances has
occurred, the court shall consider such factors as the following:
- Changes in
the employment, earning capacity, income or resources of a party
- Receipt of
an inheritance, pension or other gift
- Changes in
the medical expenses of a party
- Changes in
the number or needs of dependents of a party
- Changes in
the physical, mental, or emotional health of a party
- Changes in
the residence of a party
- Remarriage
of a party
- Possible
support of the party by another person
- Changes in
the physical, mental, or educational needs of a child
- Contempt
by a party of existing orders
For more information about modification of a child support
order see Iowa Code sections
598.21C-D.
Getting
a court to change a child support order can be very difficult. It is always best if you ask an
attorney for assistance. If you
cannot afford an attorney and you think you can handle it yourself, you
can use the free
forms and instructions that are available on this website.
Enforcement of
Support Orders
Iowa law provides a
number of measures for enforcing compliance with a child support order,
including income withholding, garnishment, liens, and contempt of court.
If a parent has not complied with a support order, it is the
responsibility of the other parent to initiate steps to enforce. We suggest you consult with an attorney
about appropriate action or contact the Child Support Recovery Unit in
your area.
Child Support Recovery Unit
For
information about state assistance with enforcing child support payments,
contact the Child Support Specialized Customer Service Unit (9a.m. to 5 p.m. Monday-Friday)
at: 1-888-229-9223 (toll free)
or 1-515-242-5530. Because this number receives a high number of calls
expect to hold for 5-6 minutes.
Custody and Support Disputes
Iowa law treats
child support and child custody as separate matters. The law does not authorize or recognize
the denial of visitation as a means for trying to compel support
payments. Nor is it a defense to
refuse to pay child support when the custodial parent violates a
visitation order. Seek advice from
an attorney about how to enforce your decree.
Mandatory Income Withholding for Support
A person ordered to pay child
support is subject to income withholding except under certain
circumstances. See Iowa Code
section 252D.8.
Contesting an Income Withholding Order or Notice of
Withholding
You may contest an income
withholding order or notice issued under chapter 252D by filing a Motion to Quash with the clerk of
court. There are only two grounds
for contesting an order:
- An error in the amount of the withholding
or the identity of the obligor, or
- The conditions under Iowa Code section
252D.8 for an exception to immediate income withholding existed at
the implementation of the withholding.
- After receiving the motion, the clerk
will mail copies to the parties and the court will set a hearing.
When
You've Paid in Full
Iowa law requires a
party who is entitled to a judgment to acknowledge satisfaction of the judgment
by execution of an instrument referring to it, duly acknowledged and
filed in the clerk of court in very county where the judgment is a
lien. A party who fails to do so
within thirty days after receiving a written request shall be subject to
a $100 penalty plus reasonable attorney fees incurred by the requesting
party.
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