SPARC Forums

I spoke to my lawyer last week.  He frustrates me.  I'm starting to think I went with the wrong lawyer.  Anyway, I need some opinions and assistance on my case.

When I appealed my child support decision I sent copies of Iowa Code for determining parent income.  I thought I had it saved on my computer and I don't.  I need some help in locating Iowa Law concerning the use of overtime wages in determining income.    

When I filed for the mod I had started working overtime.  6 out of 8 weeks included overtime.  I sent copies of  paystubs which not only showed that I didn't work overtime everyweek, but that the overtime hours ranged from 6-20.  I have not worked any overtime now since April, and of course my income has been drastically reduced.  

I want to appeal the decision through my lawyer.  He has informed me that the thought that overtime cannot be included is a huge misconception.  I informed him that according to Iowa Code they cannot use it unless it is mandatory and that if it is speculative and uncertain they can't use it.  He said I would need a letter from my empoyer stating this.  I told him I submitted one to CSRU.  He said that the letter I submitted was too general and they would need something more specific to determine the overtime was spec. and uncertain.  I will be asking my employer for a work record listing my hours for the past 6 months.

He wants me to send copies of all the paperwork to him so he can review it and get back to me.  The problem is I can't find the case law I had sent that outlined this law.  Does anyone have any ideas that can help me here?  Or can you point me in the direction I need to find family court case law.  I had found the case law while doing a search and I can't remember the family name.  (Lesson Learned!)

I also appealed because my ex chooses not to work which leaves her with negative income and 0% of anything.  I argued that according to Iowa Law they have to input the median income or earning capacity.  Soc said it is up to me to prove earning capacity.  She's been trained 2 times as a CNA.  How would I go about obtaining these records?  Or would my lawyer have to subpoena them?

Since she chooses to live off the state I am resp for 100% of uncovered medical expenses.  This is my main reason for appealing their decision.  I have 12 years of medical expenses ahead of me.

Does anyone know of any Iowa Code or specific Case Law that will help my case?  I really need some help.

I can't find the application in the Code, IM.  But here's a link to CSRU:

https://childsupport.dhs.state.ia.us/welcome.asp

I tried calling them, but there was a '25' minute wait just to get a rep!

Also, here's links to pertinent Iowa Code sections:

http://www.legis.state.ia.us/IACODE/2003SUPPLEMENT/VI.html

(Sections 252 and on pertain diretly to CS.)

http://www.legis.state.ia.us/IACODE/2003SUPPLEMENT/598/21.html

(This one deals with post-secondary education, amongst other things.)

Hope this helps!

hi

here is a linc for you to document what a cna makes in your state.

you can also get lists of job opportunites at the unemployment office

news paper ,  call around and ask if they are hiring

to impute income you have to prove there is work available and how much they would make.

good luck




http://www.iowaworkforce.org/lmi/occupations/wages2003/industry/PAGE0267.HTM

This will come in VERY handy!