SPARC Forums

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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JL

In my state they can imput on what a person of that age/gender makes on the average, also if the person is trained in a line of field like CNA which is easy to find a job they can imput on potential earnings, I would check with your states laws in regards to this.