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Messages - IceMountain

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Child Support Issues / Let me rephrase....
« on: Apr 28, 2005, 04:12:26 PM »
Thanks for your input... but I think I may have confused you, so I'll start over.

I am the NCP.  My son lives with his mother, she is the CP.

When figuring my child support obligation for the state of Iowa, CSRU imputes my net income and her net income and compares the two to set the % of child support I owe and the % of medical expenses I am resp. for.

Her income was imputed as a negative number because she does not work and has another child.  (she receives a deduction on the form for that child, which results in the negative number)

If she is receiving SSI or Disability, would that be imputed for her net income?  Or would it still remain as a negative number since it is a Gov't payment?

Also, I tried to research last night and found that if she is receiving SSI or Disability that she is most likely receiving an additional benefit for my son.  According to what I found, it looks like the benefit may replace part or all of the child support obligation because the Gov't is partially supporting him.  Do you have any experience with this?  

I'm not trying to get out of my child support obligation, but would much rather put the $$ in a savings account for my son rather than continue to pay her when she is receiving SSI or disability payment for him.

Any input would be greatly appreciated!
Thanks again.

Child Support Issues / I am the NCP
« on: Apr 27, 2005, 05:40:20 PM »
I am the NCP.  I just want to know if disability/ssi is considered income for the CP.  Iowa uses a formula that compares CP income to NCP to set the child support amount.  Her income was previously ZERO because she doesn't work, which made me resp. for 100% of uncovered medical and sets my percentage at a higher rate.  So I just want to know if this disability or ssi, whatever it is that she is receiving, is considered income for her.

Is there anyway to find out if she is receiving these benefits?

Thanks for your help.

Child Support Issues / disability as income for cp?
« on: Apr 27, 2005, 07:39:39 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, 10:52:06 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?

We do it the exact same way!  I think it's important for my son to feel like he has a home no matter where he is.   But, we only have my son EOW and holidays, summer, etc.  so I can see how it would be more of a hardship for 50/50 parenting with all the other expenses and child support.

Child Support Issues / Child Support / Medical Coverage... Lori???
« on: Sep 07, 2004, 06:37:55 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, 05:39:16 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, 04:37:11 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, 01:35:44 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!!

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