Child support is a payment that is ordered by a court that one parent must make to the other parent for the benefit of their child or children. Child support laws in every state outline the amount of the child support that will be paid on custody or how much time the child resides with each parent in addition to each parent’s income and finances.
The parent who does not have primary physical custody of the child or who lives with the child less than half of the type is typically that parent who is ordered to make child support payments.
Why Is Child Support Necessary?
The purpose of child support payments are to provide for a child even in situations where the child does not live with both parents. Raising children is an expensive endeavor.
Child support payments are intended to cover the expenses of raising a child, which include:
- Food, shelter, and clothing;
- Medical care and health related expenses;
- Educational expenses.
Mandatory child support payments are a means by which a court can ensure that non-custodial parents are contributing to the needs of their children. The parents who are required to make child support payments cannot escape that obligation.
The parents who have physical custody of the child cannot refuse to accept the child support payments that the court has ordered.
How Is Child Support Determined in Iowa?
The Iowa Department of Human Services created the Iowa Child Support Recovery Unit (CSRU). The CSRU helps families obtain the child support they need to meet the financial and health needs of their children.
The CSRU has office locations throughout the state and provides services that allow:
- Families to obtain information about their child support case, including payments that have been made;
- A parent to view balances owned and make payments for their case; and
- A parent to quickly update their employment information.
The CSRU is a valuable resource, but it is not a substitute for the services of an experienced child support lawyer. A child support lawyer in Iowa can help an individual obtain child support or help an individual who is paying child support ensure that they are paying the correct amount.
Who Needs to Pay Child Support in Iowa?
As noted above, non-custodial parents, or parents who do not have full-time custody of the child or children are required to pay child support. In Iowa, determining the amount of child support the non-custodial parent will have to pay is based on the parent’s monthly income.
Monthly income amounts are determined after taking all of the appropriate deductions from the parent’s grossly monthly income. Deductions may include:
- Federal and state income taxes,
- Certain pension plan payments, and
- Union dues.
Appropriate deductions do not include:
- Housing costs,
- Charitable deductions,
- Savings and other voluntary investment plans, and
- Car payments.
An individual having their lawyer review their income ensures that they are being required to pay the appropriate amount in child support. Child support is designed to protect the interests of the children but the parents must also be able to clothe, house, and feed themselves as well.
Both mothers and fathers can be ordered to pay child support. It is not a requirement that the parents were ever married for a parent to be ordered to pay child support.
In certain cases, the identity of the actual biological father of the child may be in dispute. In these cases, a court will typically order a test to determine paternity before calculating and ordering child support.
An adoptive parent will be subject to child support laws. Absent an adoption, however, a step-parent will not be obligated to pay child support to their step-child.
How Is the Amount of Child Support Determined?
Every state has guidelines that are used to calculate the specific amount of child support payments in each case. The court will determine the amount that the support payments will be based on the specific circumstances of the parent who will be paying.
Child support guidelines usually provide a court with a range of amounts and then the court orders an amount within that range. In some states, courts have a great deal of discretion when determining the final amount while other states require courts to follow very strict guidelines.
In every child support case, there are factors that must be considered when determining the final amount of the child support obligation, which typically include:
- The specific needs of the child, including their:
- healthcare needs and medical expenses;
- education;
- childcare; and
- other special needs;
- How many children the parent is responsible for supporting;
- The custodial parent’s income compared to that of the non-custodial parent;
- The ability of the non-custodial parent to pay; and
- In the case of divorce, the court may consider the child’s standard of living before the divorce or separation.
During the process of determining the child support amount, each parent has to submit their financial information to the court. This is often in the form of financial statements that outline all of their monthly income and expenses.
The court will use this financial information and the amount of time that each of the parents spend with the child under any custody agreement or visitation schedule as well as a child support calculator to determine the amount that the paying parent will owe each month.
How Do You Petition for Child Support in Iowa?
The Iowa Department of Human Services (IDHS) allows child support petitions to be completed and submitted online. The form requires a large amount of information about the other parent, everything from their social security number to whether they have any distinguishing markings, such as scars or tattoos.
This is done so that IDHS can identify and locate the other parent. In addition, there is an application fee as well as an annual fee for the IDHS to help the parent who is applying locate and receive child support on a regular basis.
Because of the complexity of the application process, it may be helpful to have the help of an experienced child support attorney who can ensure that all of the forms are completed properly and the child support payments are appropriate.
What If You Don’t Pay Child Support?
As with the majority of states, in the State of Iowa, a petition may be made to a court requesting an order to garnish wages if child support is not being paid or if the proper amount is not being paid.
If an individual fails to comply with a court order, it may lead to contempt of court charges, which can result in imprisonment. There are several options that can be used to protect the interests of children and obtain the child support payments, including:
A hold on an individual’s passport may:
- Restrict or limit the use of the passport;
- Cause a denial of an application for a new one;
- Result in a refusal to renew the passport; or
- Take away an individual’s passport.
How Can You Stop Paying Child Support in Iowa?
There are very specific legal steps that must be taken in order to limit or end child support payment requirements. Certain events terminate child support, such as proof that the child is not the biological child of the paying parent and the child becoming emancipated.
If formal steps must be taken and the paying parent simply stops child support payments, they may face serious consequences. It is important to take formal steps, such as contacting a child support lawyer for help during the process.
Where Can You Find the Right Lawyer?
Finding the right Iowa child support lawyer for you is essential for any issues involving child support. If you need assistance petitioning or adjusting your child support, your lawyer can review your case and help you petition the court if any adjustments are needed.
