Archive for the 'Child Support' Category

Iowa Child Custody

Posted by admin on 27th April 2006

As with every state in the United States, the courts in Iowa must determine during a divorce the care and custody of minor children. There are over 10,000 divorces each year in Iowa and many of these have minor children at home and their futures are most of the time left up to the courts. The court must decide which parent shall have custody, if not both, where the children will live most of the time and must decide on visitation rights. This is a major issue in any divorce and most states have guidelines to follow to aid in determine what is in the best interest of the child or children.

Iowa law states in Section 598.41, Code of Iowa, that custody shall be given as what is most reasonable and that is in the best interests of the child, including visitation rights to be liberal and that the children will still continue to have physical and emotional contact with both parents and that both parents share the responsibilities and rights of their children unless it would harm the children either physically or mentally, or if one parent would be harmed by the other parent.

Iowa breaks down their terminology when it comes to the terms of custody. Custody of the children means that the parent has the legal responsibilities and rights to care for their children, these responsibilities include education, health care, all activities and religious education. Joint custody means that both parents share in the responsibilities pertaining to the rearing of their children. Even when the children live with only one parent joint custody can be awarded. Joint physical care means that the parents share equally the time spent with the children and in their homes.

When joint custody is a possibility, the court considers the following:

* If both parents are suitable custodian for the children.

* How the psychological and emotional needs will be met and if the children will suffer if they do not spend equal time with both parents.

* Can the parents communicate well with one another with regards to their children.

* If both parents have had an active part in caring for their children since the separation.

* Can each parent support the other parent relationship with the children.

* Is joint custody what the child desires, according to the age of the children?

* The choices of both parents whether they would like joint custody of their children.

* Where both parents live and how far it is to travel.

* The safety of the children.

* If there is any proof of domestic violence or abuse.

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Child Support

Posted by admin on 27th April 2006

Child support is a legal duty for any parent.  It shares the responsibility for food, clothing, education, and incidentals a child may need between both parents.  Child support is usually preset by the county according to what noncustodial parent earns.  The child who is suffering emotionally from a separation and divorce should not have to worry about not having a pair of shoes to fit them, or if their custodial parent can provide food for the table.

Child support in California is determined by annual income of the parent and the number of children the parent must provide for.  A mutual agreement on amount can be made by both parents.  If parents cannot reach an agreement, a court judgment will decide the child support to be paid by the noncustodial parent.  A modification of child support can be applied for if there is a significant change in income or something that wasn’t previously addressed in the court order.  Unless specifically addressed by the child support order, college tuition and expenses can be renegotiated and a variation asked for.  This would mean continued support while the child attends college and perhaps an increased amount to help pay college tuition.

What happens if a custodial parent remarries?  If the custodial parent remarries and their income increases, can child support be lowered?  The new spouse’s income is not considered in regard to child support.  They have no legal duty to provide support for the children of another previous spouse.

Can you stop child support if you aren’t allowed visitation rights as awarded by the courts?  This isn’t an alternative.  Child support is to be paid on the agreed on date with no decrease in the amount even if visitation is denied to the support-paying parent.

What does a child support order contain?  It contains the social security number of each child, the amount that is to be paid for each child, when the payments are due, and how they are to be made.  It is common practice for most child support payments to go through the court system.  Both parents have a record of how much and when each payment was made.

Payments of child support are not taxable for the receiving parent, so it isn’t a deduction for the paying parent.  An agreement between the two parents as to who claims the minor child is usually decided on and included in the child support order.  If an agreement can’t be reached, the court settles the issue.

Medical insurance is provided by the parent that has the best coverage at the least expense, not always paid for by the parent paying support.

Bankruptcy does not relieve a parent of paying child support.

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