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Topics - IceMountain

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Child Support Issues / Tax refund interception
« on: Mar 03, 2007, 08:53:37 PM »
I posted this to Soc, but wanted to get other opinions, etc.

My child support order is in the state of Iowa and I live in Wisconsin. I found out on Friday from the Iowa Department of Revenue that CSRU intercepted my tax return so I called them to question what happened. I was told that they had indeed intercepted it, but the phone rep could not find in the case notes where a notice was sent to me or even why the return was intercepted. I did not receive notice they were intercepting.

I am not delinquent in my child support now and I was not delinquent at the end of tax year 2006. The rep said she would send the info to my worker to see if they could get the hold released, or at least release my wife's share of the return.

The CSRU website states that they must give notice when they inercept a return and that an appeal must be filed within 15 days if I disagree with the interception.

1. Do I have any legal ramifications against CSRU for not following procedure in notifying me that the return was being held?

2. Any other advice?

Child Support Issues / Health insurance and child support
« on: Jan 29, 2006, 10:45:32 PM »
I am required to have health insurance coverage for my son through my child support order.  My job does not offer health insurance until I have been employed full time for a year, which is not until September.  My wife carries the health insurance for both of us and my son.  The coverage for all three of us costs about $350 a month for health and dental, which is deducted from my wife's paycheck.

My son is in Iowa.  The insurance through my wife's employer will only cover him for emergency or urgent care while he is at his mom's house, however, it will cover prescriptions at major chains in his area.  The dental insurance is usable, but my ex does not use it.

Will I be able to deduct my son's portion of the health insurance coverage paid through my wife's employer?  

Family coverage is the same price for a spouse as it is for spouse and children, will this matter?  (in other words we pay the same for coverage for all three of us as we would if it was just her and I)

Can csru force me to take out insurance from my employer when I am eligible in September?  

Thank You

Child Support Issues / disability as income for cp?
« on: Apr 27, 2005, 06:39:39 AM »
Is disability insurance considered income for a CP when figuring child support?  I live in Iowa where they compare incomes of CP and NCP and recently found out my ex may be receiving disability or SSI for a 'muscle disorder'.  Prior to this she hasn't worked for over 2 years... but certainly not because of the 'disorder'.

Child Support Issues / child support during separation, iowa
« on: Apr 17, 2005, 09:52:06 AM »
my brother & his wife are separating in iowa.  he wants to pay child support for his daughter but since it has not been ordered yet (less than week since separation) he doesn't know how to 'legally' pay it.  if he gives her $$ and she signs a receipt is that considered verifiable and will it count towards child support?

i've advised him to keep receipts for everything, any other suggestions?

Child Support Issues / Child Support / Medical Coverage... Lori???
« on: Sep 07, 2004, 05:37:55 PM »
My child support order in Iowa requires me to carry medical insurance on my son.  Do I have to cover him under my personal policy, or can my wife cover him under her's without encountering a problem??

I'm concerned because I received a deduction on my child support because my health insurance with my past employer was so high.  (I've since switched employers)  My wife just got a really good job with excellent benefits and better insurance.  I just want to make sure I'm 'legal' in having him coverred under her insurance.


Child Support Issues / Yet another Iowa Question
« on: Jun 20, 2004, 04:39:16 PM »
I left this sight and went researching again.  I've come to the conclusion I don't know how to conduct a search for what I'm looking for.  Nevertheless I found a case in Iowa that cited rule 179 (b).  I don't know how old it is or anything, still trying to find that out.  

Anyway it dealt with an 'abadement' of child support during summer visitation.  In the case stated, the NCP was awarded an abatement of child support based on the fact that he had 6 weeks summer visitation and the NCP enjoyed 'minimal housing expenses' during that time.  His abatement entitled him to pay only 50% of his support amount during those 6 weeks.

Has anyone heard of a parent being awarded an abatement in Iowa?  If so, what were the circumstances surrounding the case?  I have a feeling if this was a law at one time, it no longer is.  But, I'm still searching....

Thanks again!

Child Support Issues / Need Iowa Help
« on: Jun 20, 2004, 03:37:11 PM »
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.

Child Support Issues / FRUSTRATED! Child support help!
« on: Apr 26, 2004, 12:35:44 PM »
I have received the appeal paperwork from CSRU.

A quick recap:

I appealed for two reasons
1. They used my overtime pay to compute my income
2. They did not use my ex's earning capacity or median income

I submitted actual Iowa Code concerning these 2 reasons.


This is the paperwork I received today:
Here is our response to your request:

We will not conduct a second review because:
No new or different information was submitted. The earlier decision remains in effect.

The attached acknowledgement explains the Unit's review:

*** Income used was year to date as overtime was included in 4 out of 5 pay periods

*** Income information supplied by the custodial parent and verified through other sources. Median income cannot be used.

(she supplied $0 for income, add her deduction for another child and her income is a negative.)


I called CSRU and asked them to explain these points. They told me that since she provided an income statement that they don't have to use the median income for her. They said that it is 'not necessary' so I asked why it was Iowa Code if it is not necessary and she said there are certain circumstances where it is not necessary.

She said she would have my worker send a written explanation of what this means.

I then asked about the overtime thing and again she danced around the question and said the same as above.

I told her that I did not have time to wait because the request for court needed to be submitted within 30 days of the original decision so she agreed to have the worker call me, however she refused to transfer me becasue the worker 'has to have time to review these things'.

Can somebody please help me here?
I tried to call my lawyer, but he's not in. I need some advice on how to handle the worker when she calls back.

I got my new child support order mod papers today.  They are modifying but I don't think it is correct.  

1 they inputed my ex's income as zero which makes me responsible for 100% of uncovered medical expenses.  She is no longer on state assistance, don't they have to use her 'earning capacity' for her income.  She has another kid and her income is actually a negative.  She is a CNA but chooses not to work.

2 they used my overtime pay to determine my child support.  I haven't worked overtime since the pay stub I submitted with the mod papers.  I thought they couldn't use overtime to determine child support because something to do with 'slavery' to working overtime.  All they did was take my YTD income and use it to compute the child support.

I can't find the Iowa statute that would cover me for the overtime issue.  Can anyone help me with this?  I found a couple Iowa Code sections that deal with the 'earning capacity'.

Why is it that they can force a NCP to get a job to pay child support, but they can't force a CP to get a job to support their  children?  What a contradiction.

I have to file an appeal by Friday.  Please Help!!

Child Support Issues / Support Mod papers sent, new info, now what?
« on: Apr 03, 2004, 10:31:24 PM »

I filed the paperwork for a child support modification and sent it to CSRU on Wednesday.

In the paperwork I was required to list my living expenses which included car expenses. I listed the amount of weekly gas I use and the insurance payment on my vehicle. I also listed the transportation cost for traveling 800 miles a month for visitation of my son.

After I filed the paperwork on Wednesday, I received a letter from my ex stating that she would no longer be meeting me half way for pick-up and drop-off on my weekends. (this is not court ordered).

Obviously, my travel expenses have just doubled for weekend visitations. I will now be spending about $200 a month driving 1600 miles (4 round trips).

So, my question is... should I send this new information to CSRU to be added to the paperwork I submitted last week or will I be basically wasting my time? If I send the information, should I send a copy of our previous agreement along with a copy of the letter she sent me and a copy of the divorce decree showing that it is not ordered who does the traveling? Will it even affect my child support or be taken into consideration?

I met with a lawyer last week and we will be proceeding with a modification of visitation as well. The transportation issue is definitely being addressed in that modification. If I get a reduction now due to the travel issue, won't she be able to raise it again after the mod is done?

I'm not out to waste anyone's time, and I especially don't want to tick off a judge by having to have the issue looked at again in 6 months or a year after the visitation mod is done.

Any advice for me?

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