Iowa Child Support and Custody

Child custody in Iowa is determined by a set of guidelines laid out by the law. These guidelines work to recognize the duties and responsibilities of both parents while considering what is in the child’s best interest. Adjustments are often made by the courts in regard to the needs of each specific family’s situation.

This depends on a number of factors, which can be summed up with the “best interests of the child(ren).”

These factors can include, but are not limited to:

1. Award of the residence.

2. Who has been the primary caregiver of the child(ren) or has it been shared?

3. Are there any material issues that affect a parent’s ability to care for children (uncontrolled mental health issues which present a danger to the child(ren), drugs, alcohol abuse, physical abuse, etc.)?

4. Has one party proven they are unable to foster the relationship between the child(ren) and the other parent?

Much of this information, and facts to support the same, are not in Iowa Code, but rather in case law, which your family law attorney will likely discuss with you.

“Custody” is divided into two parts.

Legal custody is the ability to make decisions regarding the children beyond the “day to day” care. This includes doctor appointments, education decisions, extracurricular activities, etc.

Joint legal custody requires both parties to consult and attempt to come to a resolution regarding the legal decisions. Sole legal custody allows only one party to make these decisions.

“Physical care” is basically the amount of time a parent has the minor child, in the term of “overnight” visitations, and the maintenance of the residence for the minor child. This is often termed “physical custody.”

Shared physical care in Iowa essentially, and very basically, means the parties share equal time with the child (ren) and equal responsibility. In essence, it could be 182.5 days for each party, or it could be any amount of parenting time the parties agree upon.

Primary physical care, also known as “sole physical custody” means one party serves as the primary residence of the child(ren) and the other parent has some award of visitation with the child(ren), or possibly no visitation. An award of physical care does not affect either parent’s rights and/or responsibilities of legal care.

Parents are obligated and required to provide for their children until they reach the legal age of adulthood. This responsibility may extend into adulthood for children with disabilities or extenuating circumstances. If the payments are not made according to the order that’s in place than the party in question is held responsible by the Iowa child support enforcement rules.

Child support is determined by the Iowa Child Support Guidelines and the answer is likely yes.

Unless both parties can show why to deviate from the child support guidelines, the answer will definitely be yes.

No. Child support and visitation are wholly separate issues.

There is no rule or law on this. A material change of circumstance must be found by the court to change custody/visitation, and for a child to express their opinion, the court must find that it is a sound reason.

A parenting plan is a division of the rights and responsibilities of the parents in a divorce or paternity action. Although you do not need a document specifically titled “parenting plan,” something similar must be incorporated into any final agreement.

Yes, you can reference and attach the documentation outlining the entirety of the agreement in a final decree.

Temporary orders can include, but are not limited to, custody, visitation, child support, division of children’s expenses and expenses of the parties, health insurance, use of the marital residence, mutual restraining orders, orders regarding the sale of personal property, and even tax filing status.

This can be decided at a temporary hearing and/or a final hearing/trial.

At any point a “material and substantial change” of circumstances exists. This must be material to the custody and not contemplated in the prior Decree/Order.

In the state of Iowa, child support may be modified only if the court finds evidence that a significant change of circumstances has occurred. In addition, the affected party must apply for the modification to be considered. During this process, the court will take in to account a number of contributing factors such as employment, income, residency, and marital status.

If you cannot agree, and mediation has failed, trial is the final option.

This is an order applied for, and heard, without the other party present. This is typically synonymous with “emergency” order.

One must prove that serious harm will result without the entry of the order. A hearing is held after the entry of the order to see if the order should remain in place.

The primary part the court looks at is the historical relationship between the children and their parent. Do not give up time with your children and do not settle for every other weekend.

You both have equal rights to your children so no one parent can dictate what time the other receives. Take the “high road;” do not bad mouth the other parent. Keep communication lines open. Encourage the relationship with the other parent and the child.

Visitation is the right to see your child/children during specific times.

Yes, dependent on the circumstances.

The courts are supposed to look at the “best interests of the child” and not gender. However, we are dealing with the human element which can affect father’s rights in Iowa.

In Iowa, the presumption is joint custody. However, the parties can thereafter prove that it is not in the best interests of the child to have such a presumption applied.

Consult legal counsel. Make sure you have been open and honest with your attorney.

Make sure you have pleadings reflecting your requests and evidence reflecting all items you want the court to take into account.

Yes, however, make sure you know what is admissible and what is not. Know how to overcome objections.

In addition, make sure you have not broken any laws in obtaining such evidence, including recording conversations over state lines.

Not necessarily. Sometimes the cost is prohibitive.

The court may appoint one at their own motion or the motion of either party. Many cases do not have such a person appointed.

GALs and evaluations can cost thousands of dollars depending on the case and time involved.

Not necessarily. No attorney wants a child exposed to the proceedings, but sometimes it is absolutely necessary depending on the circumstances.

According to child custody laws in Iowa: “If the child is fourteen years of age or older, you must provide the child’s written consent to the name change. If the child is under fourteen years old, both parents named on the birth certificate must file their written consent to the name change.

If one parent does not consent, the court will set a hearing. At the hearing, the court may waive the need for both parents’ consent if it finds one of the following:

1. The parent has abandoned the child.
2. The parent has failed, without good cause, to support the child or contribute financially for the child’s birth.
3. The parent does not object to the name change after receiving proper notice.”