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Divorce
Forms |
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Child Support
 Iowa divorce
laws mandate that both parents' incomes are used
to set the child support amount. Stepparent income
is not included. Each parent's net monthly
income is found by taking deductions from the
gross monthly income. These deductions can include:
1. Federal and state income tax, 2. required pension
plans and 3. union dues and health insurance.
Iowa Family
Law specifies that the net monthly incomes of
both parents, and the number of children, are
used to set the child support amount. The child
support amount set using the guidelines can only
be changed by the court if it finds such a change
is necessary to provide for the needs of the children
or to be fair to the parents under special circumstances.
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The
court will use any of the following in determining
the amount of the net monthly income of a parent
for purposes of establishing or modifying a support
obligation: 1. Income verified by an employer
or payer of income, 2. Income reported to the
department of workforce development, 3. For a
public assistance recipient, income as reported
to the department case worker assigned to the
public assistance case.
When the income information
does not include the information necessary to
determine the net monthly income of the parent,
the unit may deduct twenty percent from the parent's
gross monthly income to arrive at the net monthly
income figure. The court may order either party
to pay the clerk a temporary amount for the separate
support and maintenance of the other party and
the children and to enable that party to prosecute
or defend the action.
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Child Custody
In the best interest
of the child, the court will order a custody award
which will include visitation rights, thereby
assuring the child the opportunity for the maximum
continuing physical and emotional contact with
both parents after the parents have separated
or dissolved the marriage. This ruling will encourage
parents to share the rights and responsibilities
of raising the child unless direct physical harm
or significant emotional harm to the child, other
children, or a parent is likely to result from
such contact with one parent.
Iowa divorce laws guide
judges that should the court find a history of
domestic abuse exists, a presumption against the
awarding of joint custody will exist.
The court will consider
the denial by one parent of the child's opportunity
for maximum continuing contact with the other
parent a significant factor in determining the
proper custody arrangement. The court will attempt
to determine whether this denial is based on valid
concerns (in particular a pattern of abuse) and
consider the validity of such denial in its final
determination. False charges can have an adverse
impact on the parent denying the contact. Should
the court determine that a history of domestic
abuse exists, and if a parent who is a victim
of
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such
domestic abuse relocates or is absent from the
home based upon the fear of or actual acts or
threats of domestic abuse perpetrated by the other
parent, the court won't consider the relocation
or absence of that parent as a factor against
that parent in the awarding of custody or visitation.
Absent any finding to the contrary, both parents
will have legal access to information concerning
the child, including but not limited to medical,
educational and law enforcement records.
Under Iowa divorce laws, the court will consider
the following factors when ruling on child custody:
- Whether each parent would
be a suitable custodian for the child.
- Whether the psychological
and emotional needs and development of the child
will suffer due to lack of active contact with
and attention from both parents.
- Whether the parents can communicate
with each other regarding the child's needs.
- Whether both parents have
actively cared for the child before and since
the separation.
- Whether each parent can support
the other parent's relationship with the child.
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- Whether the custody arrangement
is in accord with the child's wishes or whether
the child has strong opposition, taking into consideration
the child's age and maturity.
- Whether one or both of the
parents agree or are opposed to joint custody.
- The geographic proximity
of the parents.
- Whether the safety of the
child, other children, or the other parent will
be jeopardized by the awarding of joint custody
or by unsupervised or unrestricted visitation.
- Whether a history of domestic
abuse exists.
In Iowa, joint physical care
is presumed to be in the best interest of the
child, but joint legal child custody does not
require joint physical care. In cases where joint
physical care is denied, parents are to respect
the rights and responsibilities of joint legal
custody.
Where a parent awarded legal
custody or physical care of a child cannot act
as custodian or caretaker because the parent has
died or has been judicially adjudged incompetent,
the court will award legal child custody including
physical care of the child to the surviving parent
unless the court finds that such an award is not
in the child's best interest.
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Visitation/Co-Parenting
During the
separation or divorce process, the
parents are afforded the opportunity to complete
a visitation, or parenting plan, and submit it
to the court for approval. If they are unable
to fully agree, the court will impose its judgment
on the care for the children. Typically that will
involve every other weekend, (or
2nd and 4th weekends- 1st and 3rd), often a weekday
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visit
that doesn't include overnight, alternating holidays,
Mother's and Father's Days, and a number of weeks
in the summer.Make
sure you have specific details about who picks
up and drops off, at what time, the right of first
refusal if the custodian needs a sitter, etc.
Determine the conditions of birthdays, how they'll
be celebrated and who is able to do what. The
more you have in the decree, the less you'll argue
over.
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Be
aware that you have to guide your side of the
divorce. Don't rely that your attorney will think
of everything. You set the course; your lawyer
navigates. If you anticipate any problems with
custody or visitation, we suggest you own Child
Custody Strategies.
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Alimony/
Maintenance/ Spousal Support
In Iowa
alimony is referred to as maintenance, and is
often limited to three years as it is designed
to be a temporary measure. This approach is not
the norm across the states. Alimony (or spousal
support) can be awarded if two scenarios are identified:
a spouse who has been married for a minimum of
ten years and cannot support themselves may qualify
for alimony/maintenance. The second situation
would include family violence in which a spouse
is convicted during the filing.
When the
final decree is gaveled, the court will make orders
concerning the alimony of the wife or the husband
and the care of the children, if there are any.
Alimony will automatically cease in Iowa if
any of the following occur: The date of the remarriage
of the person who was awarded the alimony; or
The establishment of a
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relationship
that produces a child or
children and results in a court order directing
another person to pay support to the recipient
of alimony, which circumstances would be considered
the equivalent of remarriage; or
The establishment of a relationship that produces
a child or children and results in a court order
directing the recipient of alimony to provide
support of another person who is not a descendant
by birth or adoption of the payer of the alimony,
which circumstances shall be considered the equivalent
of remarriage.Iowa uses the family or spousal
support chart provided by legislation. That chart
is to be revised every (4) years, by law. Child
support typically terminates at the child's 18th
birthday, but can be extended if the child's age
of majority occurs before high school graduation.
Should a child have a disability, child support
can be extended.
The courts have the discretion
to award alimony in fixed payments for a specified
period, subject to death or remarriage of the
recipient.
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All
orders requiring payments of money for the support
and care of any children shall direct the payments
to be made through the registry of the court unless
the court in its discretion determines that it
would be in the best interest of the parties to
direct otherwise.
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Grounds
For Divorce
If you are seeking to dissolve
a covenant marriage, you are required to state
that request in your petition. The
circuit court can grant a separation or divorce
for the following causes (grounds for divorce):
1. Either party, at the time
of the contract, was and still is impotent; 2. Conviction
of a felony or other infamous crime; 3. Demonstrated
an addiction to habitual drunkenness for one (1)
year, shall
be guilty of such
cruel
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and
barbarous treatment as to endanger the life of
the other, or shall offer shall be guilty of such
cruel and barbarous treatment as to endanger the
life of the other, or shall offer barbarous
treatment as to endanger the life of the other,
or shall offer such indignities to the person
of the other as shall render his or her
condition intolerable; 4. Commit
adultery after the marriage occurs; 5. The court
will grant a divorce if the parties have lived
separately for 18
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continuous
months, regardless of fault or cause by either
spouse, 6. Should one of the parties be deemed
insane, the other spouse will be required to care
for and financially maintain that person for the
duration of the insane person's life and 7. Should
the service of process be considered on the insane
spouse, the petitioner is required to make service
to a recognized guardian, guardian ad litem, or
institution charged with that person's care.
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Marriage
Annulment
Marital Annulment
A marriage
annulment is a legal process of terminating an
illegal marriage. Marriage or marital annulment
laws vary from state to state. The annulment
process is similar to a separation or dissolution
(divorce) in that you must file a |
petition,
serve your spouse, and prove grounds. Annulment
in Iowa requires a greater degree of proof
than does a fault divorce. Arkansas
grounds for an annulment include: Fraud-
Marrying another by fraud or misrepresentation
is a felony and is a legal ground for annulment
according to Iowa annulment laws, Duress-
a marriage where one
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was
under duress is grounds for an annulment in Iowa, Bigamy-
Iowa annulment laws specifically prohibit
bigamy, and it is a legal annulment ground, and Consanguinity-
one marrying another where they are too closely
related is prohibited by Iowa annulment laws. |
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Marriage
Counseling/
Mediation
Mediation can be an effective
tool to solve differences that parties would like
to be settled without a court battle, although
it is not mandatory. Iowa does not order the
parties to marriage counseling, although marriage
counseling can be very constructive for some couples.
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When
the parties to a divorce action have minor children
residing with one (1) or both parents, the court,
prior to or after entering a decree of divorce,
may require the parties to: 1. Complete at least
two (2) hours of classes concerning parenting
issues faced by divorced parents; or 2. Submit
to mediation in regard to addressing parenting,
custody, and visitation issues. |
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Legal
Separation/
Marital Separation
A legal separation results
when a couple separates and a court rules on the
child support, custody, alimony, visitation and
division of property, but doesn't grant a divorce.
With a legal separation (sometimes called a marital
separation), any assets accumulated or debts incurred
after a finalized legal separation are no longer
considered jointly owned. A specific legal process
is necessary for
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a
legal separation to be effected. Specifically
a Settlement Agreement must be submitted to a
court, addressing all support, custody, visitation
and asset issues between the couple. A
legal separation is a court order that details
who gets the children, who pays support for the
children and how much, whether spousal support
(alimony) is ordered, and who gets what marital
property and debt. You might want a legal separation
if your religious beliefs prohibit divorce, if
you or your spouse have not lived in Iowa
long
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enough
to file for divorce, or if one of you needs to
be covered by the other's medical insurance. A
legal separation costs about the same as a divorce.
Filing for legal separation does not prevent a
divorce from being filed, however. The main difference
between dissolution of marriage and legal separation
proceedings is that after a judgment of separation
the parties remain married for all purposes including
eligibility for health insurance.
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Waiting
Period
A minimum 30-day
waiting period after filing for divorce exists
before a divorce can be granted. |
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Grandparents Rights
A grandparent
or great-grandparent may petition a circuit court
of this state for reasonable visitation rights
with respect to his or her grandchild or grandchildren
or great-grandchild or great-grandchildren under
this section if: The
marital relationship between the parents of the
child has been severed by death, divorce, or legal
separation; The child is illegitimate
and the |
petitioner
is a maternal grandparent of the illegitimate
child; or The child is illegitimate, the petitioner
is a paternal grandparent of the illegitimate
child, and paternity has been established by a
court of competent jurisdiction.
State
Fact Sheets for Grandparents and Other Relatives
Raising Children
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Divorce
Settlement
Divorce settlement
and division of marital assets.
You will be
afforded the opportunity to fashion a divorce
settlement with your divorcing spouse, which would
divide marital assets and liabilities (debt).
If you cannot reach a divorce settlement, one
will be imposed upon you by the court. All marital
property will be distributed one-half to each
party unless the court finds such a division to
be inequitable. In that event the court shall
make some other division that the court deems
equitable taking into consideration:
Age, health, and station in
life of the parties; The length of the marriage;
Occupation of the parties; Amount and sources
of income; Vocational skills; |
Employability;
Estate, liabilities, and needs of each party and
opportunity of each for further acquisition of
capital assets and income; Contribution of each
party in acquisition, preservation, or appreciation
of marital property, including services as a homemaker;
and The federal income tax consequences of the
court's division of property. Should
the court not divide the marital property equally
between the parties, the basis and reasons will
be recited in the order entered. Non-marital assets
will be returned to who owned it prior to the
marriage. When stocks, bonds, or other securities
issued by a corporation, association, or government
entity make up part of the marital property, the
court will designate in its final order or judgment
the specific property in securities to which each
party is entitled. The court is not required to
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address
the division of property at the time a divorce
decree is entered if either party is involved
in a bankruptcy proceeding.
Did you come into this marriage
owning a house? Concerned about the equity in
that house that you brought into the marriage?
Worried a divorce settlement will take away what
was originally yours? Here's how it works generally.
What you brought into the marriage is usually
all yours. However, any appreciation of the house
or the property value is normally treated as a "marital
asset", meaning that you will likely have
to give up a half of that appreciation to your
spouse in the divorce.
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