Pasley and Singer Law Firm, L.L.P.


Serving Story County and Central Iowa since 1906

323 6th St.
Ames, IA 50010-0664
USA
 

Phone: (515) 232-4732
 

FAMILY LAW :: Back to Practice Areas

I. General Information about Family Law
II. Marriage
     A. Traditional
     B. Common Law
III. Premarital/Prenuptial Agreement
IV. Divorce
     A. Grounds
     B. Fault or No-Fault
     C. Annulment
     D. Alienation of Affection
V. Alimony, Spousal Support and Maintenance
VI. Division of Property
     A. Community Property
     B. Equitable Distribution
VII. Adoption
     A. Public adoption
     B. Private adoption
     C. Transracial adoption
     D. Intra-national and International adoption
     E. Single parent adoption
     F. Summary of Adoption procedure
VIII. Child Custody and Visitation
IX. Child Support
X. Conclusion
Frequently Asked Questions


Child Support

Child support is court-ordered funds to be paid by one parent to the custodial parent of a minor child after a divorce or separation. Generally the amount of child support is based on each parents’ income, number and special needs of the children, and the expenses of the custodial parent. Child support may also include health insurance, school tuition or other expenses.

Child support payments are due at a certain time every month. The paying parent can make the child support payments to a child support registry, which will then send the payments to the custodial parent, or can have their wages garnished meaning the child support payments may be withheld from their paycheck.

Child support laws vary from state to state. Depending on the jurisdiction, a custodial parent might legally be required to account for how child support money is spent. In the United States, there are 11 states that demand an accounting from the custodial parent on how child support payments are spent:

• Colorado • Indiana • Missouri • Oregon
• Delaware • Kansas • Nebraska • Washington
• Florida • Louisiana • Oklahoma

Most generally, to obtain child support, you must request an order for support from a state family court. The court will use a set of guidelines to set the amount of child support paid if the parties are not in agreement of the amount. There are different worksheets used in the calculation depending on the custodial arrangement. The worksheets are available at the Clerk of Court.

Either parent may seek a change (increase or decrease) in child support at any time if a substantial change in circumstances occurred after the court entered the order. To ask for an increase in child support, the receiving parent must be able to prove to the court that the paying parent’s income has increased, specifically if the current amount of child support does not meet the child’s immediate needs. Child support may also be increased due to such circumstances as medical treatment, therapy or special tutoring.

The paying parent may seek to have child support decreased under such circumstances as a reduction in income, loss of a job or if the custodial parent has an increase in their income. Generally however, courts are disinclined to decrease child support payments. Non-custodial parents who refuse to pay their child support obligation are often termed as dead-beat parents. In 2003, the US Department of Health and Human Services estimated that 68% of child support cases had arrearages.

Although a non-custodial parent is not paying court ordered child support, the custodial parent can not interfere in the visitation schedule. In the same sense, the paying parent (non-custodial) can not stop making child support payments because the custodial parent is not in compliance with court ordered visitation schedule. These are matters that need to be addressed in court and an experienced family law attorney can assist you with these matters.

If a non-custodial parent does not pay court ordered child support, he/she can be held in contempt or prosecuted for failure to support, therefore being taken into custody and remanded to jail. Your driver’s license and other licenses can be suspended. Your tax refunds can be seized. The courts have numerous options to enforce child support orders.

If the biological parents were never married, they both still owe the child financial support. In some cases, the person named as the father denies paternity and requests a DNA test. Once paternity of the child is determined, an order for child support will be entered.

Child support generally terminates when a child turns 18 or 21 (depending on state law), or graduates from high school, or becomes self-supporting.

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Pasley and Singer Law Firm, L.L.P., is an Iowa general practice law firm with practice including, but not limited to  Administrative Law, Adoption Law, Agricultural Law, Alternative Dispute Resolution, Banking Law, Business Law (including business organization, partnerships, limited liability companies (LLCs), incorporations, and sales of businesses and business assets), Civil Rights, Commercial Law, Construction Law, Corporate Law, Criminal Defense, Elder Law, Employment Law, Family Law (including divorce, prenuptial agreements, child support, child custody, dissolution modification), Government, Government Contracts, Litigation, Personal Injury (including Motor Vehicle Accidents and Wrongful Death), Product Liability, Professional Negligence Law, Real Estate (including mortgage loan closings, IRC Section 1031 exchanges, subdivisions, platting, condominiums, and cooperative housing), Municipal Law, Taxation Law and Tax Preparation, Wills, Trusts, Estate Planning & Probate Law (including financial and medical powers of attorney, guardianships and conservatorships, trust administration, and estate administration), Workers Compensation, Zoning, Planning & Land Use

The offices of the Pasley and Singer Law Firm, L.L.P., are located in Ames, Iowa. The lawyers and staff of the Pasley and Singer Law Firm, L.L.P., serve clients throughout Iowa, including the cities of Ames, Nevada, Gilbert, Huxley, Slater, Zearing, Story City, Roland, McCallsburg, Colo, Cambridge, Sheldahl, Des Moines, Cedar Rapids, Fort Dodge, Waterloo, Marshalltown, Boone, Webster City, Eldora, Grundy Center, Newton, Adel, Eldora, Ankeny, Johnston, Indianola, Cedar Falls, Jefferson, Marshalltown, Clarion, Knoxville, and the communities that make up Story, Polk, Linn, Webster, Blackhawk, Marshall, Boone, Hamilton, Jasper, Dallas, Hardin, Warren, Greene, Wright, and Marion counties.