Des Moines Child Support Attorney 

How Much is Child Support in Iowa?

Both parents have an obligation to support their child or children. Parents are also responsible to cover the costs of the child’s health insurance and medical care. The amount of child support depends on the number of children who require support and the income of both parents. Both gross and net income must be considered.

Gross income includes the following:

• Salary
• Wages
• Bonuses
• Commissions
• Retirement or pension
• Royalties
• Trust funds
• Returns on investments
• Spousal support received

Once both parents’ gross income is calculated, you must deduct state and federal taxes, Medicare and social security tax deductions to determine the net income. Other factors include how much time each parent will spend with the child.

Need help with child support issues? Contact us today at (515) 200-7571 to schedule your free consultation!

Understanding the Child Support Process

Navigating the child support system can be complex and overwhelming. At The Law Offices of Mark R. Hinshaw, we believe that knowledge is power. Understanding the steps involved in establishing, modifying, or enforcing child support can help you feel more confident and prepared.

Here’s a brief overview of the child support process in Iowa:

1. Establishing Child Support: Initially, child support is determined based on the income of both parents, the needs of the child, and other relevant factors. Our experienced attorneys will guide you through the necessary paperwork and ensure that your case is presented effectively.
2. Calculating Support Payments: Iowa uses a specific formula to calculate child support obligations. We will help you understand how this formula applies to your situation and ensure that all income sources are considered.
3. Modifying Existing Orders: If your circumstances change—such as job loss, a significant raise, or changes in the child's needs—you may need to modify your child support order. We can assist you in filing the necessary petitions and represent you in court if needed.
4. Enforcing Child Support: If your ex-partner is not complying with the court-ordered payments, we can help you take legal action to enforce the order and ensure that your child receives the financial support they deserve.

We are committed to providing compassionate and knowledgeable legal support throughout this process. Let us help you secure the financial stability your child needs and deserves.

Challenging and Modifying Child Support

There are times when the final amount, or how the support is divided, is unfair to either the parent or the child. Prior to the establishment of the order, either party can request a hearing to present evidence which justifies an increase or decrease in support.

Once the child support order is established, you can request to modify the amount if order excludes the child’s medical support or adjust payments if either parent experiences a significant change in circumstances, such as losing a job or gaining an inheritance.

Child Support and Parenting Time

In Iowa, parenting time (also known as custody or visitation) can significantly influence child support calculations. The more time one parent spends with the child, the less financial responsibility they may have to shoulder in terms of child support. Here's how it works:

• Parenting Time and Payments: Courts consider how much time each parent spends with the child when determining the amount of child support. If a parent has more overnights or substantial visitation, the court may adjust the child support obligation to reflect the shared responsibilities.
• Physical Custody and Financial Responsibilities: Physical custody refers to where the child lives most of the time. If one parent has primary physical custody, they may receive more child support to help cover the child’s day-to-day expenses, like food, housing, and transportation. However, joint custody situations may result in lower support payments because both parents share more of the financial responsibility.
• Shared Parenting Time: For parents who share custody equally, the court may calculate a lower child support amount. This is because the child’s needs are more equally divided between both parents.

Deviation from Standard Child Support Guidelines

While Iowa uses a specific formula to calculate child support, there are situations where the court may deviate from these standard guidelines. Some factors that may lead to deviation include:

• Special Needs of the Child: If a child has special medical, educational, or physical needs that require additional financial support, the court may adjust the child support amount to account for these extra costs.
• Extraordinary Expenses: In some cases, if a child has extraordinary needs like ongoing therapy, medical treatments, or private schooling, the court may decide to modify the standard child support calculation to meet those needs.
• High Income of a Parent: If one parent has a significantly higher income, the court may order higher support payments to ensure the child maintains the same standard of living.

Child Support for College-Aged Children

In Iowa, child support generally ends when the child turns 18, but there are some exceptions:

• Support Beyond 18: If a child is still in high school when they turn 18, child support may continue until they graduate or turn 19, whichever comes first.
• College Support: Child support may be extended if the child attends college. Courts can order parents to contribute to the child's educational expenses, including tuition, housing, and other related costs. However, this is not automatic and depends on the specific circumstances and the parents' ability to pay.

Understanding these guidelines can help both parents navigate the complexities of child support and parenting time arrangements. If you’re unsure how these factors might apply to your case, consulting with a child support attorney is a good step toward ensuring a fair agreement.

FAQ - Child Support in Iowa

• Can child support be modified after it’s been ordered?
  Yes, child support can be modified if there is a significant change in circumstances, such as a change in income, employment, or the child's needs. If either parent experiences a major life change, they can petition the court to modify the child support order.
• What happens if the non-custodial parent fails to pay child support?
  If the non-custodial parent does not make their child support payments, the custodial parent can request enforcement through the court. This may involve wage garnishment, tax refund interception, or even legal action to compel payment.
• How does a parent’s income impact child support?
  Both parents' gross income is considered when calculating child support. This includes salaries, bonuses, and other forms of income. The more income a parent earns, the higher their child support obligation could be.
• Does the court consider the needs of the child when determining support?
  Yes, the court will consider the child's specific needs, including medical, educational, and other special circumstances. If a child has special needs or requires extra care, the court may adjust the child support amount accordingly.
• What happens if my ex-spouse and I cannot agree on child support?
  If parents cannot agree on child support, they may need to go to court where a judge will determine the appropriate amount based on the child support guidelines, income, and parenting time arrangements.
• Is child support required if the parents are unmarried?
  Yes, child support is required regardless of whether the parents are married or not. The court will determine the support obligation based on the child’s needs and both parents’ financial situations.
• Can child support be paid directly to the other parent without going through the state?
  While it is possible for child support to be paid directly between parents, it is often safer and more transparent to go through the state’s child support enforcement agency. This ensures there is a record of payments and can help avoid potential disputes. A prenuptial agreement can also include provisions for how child support will be handled, offering more clarity and structure for both parties involved.

How Our Des Moines Child Support Lawyers Can Help

If children are involved in a divorce in Iowa, the court may order either or both parents to pay child support. Typically, child support is the source of constant confrontation. The receiving parent may have issues with consistent payment, while the paying parent may have suspicions about the money being used for the wrong reasons.

If you are experiencing child support issues or wish to modify your current payment plan, our Des Moines child support attorney can provide you with knowledgeable and trustworthy legal representation to create a reasonable child support plan and negotiate agreements which meets the satisfaction of both parties. We are capable of making sure court orders are enforced and the other parent is upholding their responsibilities.

Struggling with child support payments or modifications? Contact us now at (515) 200-7571 for experienced legal guidance!