There have not been any significant changes to Iowa child support law for 2024. As a parent in Iowa it is always a good idea to stay up to date on the current state of the law. This article will give a brief overview of the Iowa child support guidelines.
What are the Iowa Child Support Guidelines?
In Iowa, the reasoning behind the Iowa child support guidelines, that the Iowa Supreme Court has adopted, is for both parents to work in the child or children’s best interests. In Iowa both parents have a duty to ensure that their child or children are being taken care of financially, medically and otherwise.
In Iowa there exists what is called the low-income adjustment, the low-income adjustment purpose is to provide for the child, while taking into account the non-custodial parent (the parent paying child support) has a low-income and also needs to be able to take care of themselves in order to survive, and at the same time pay child support for their child or children. In applying the low-income child support adjustment, the Iowa Court looks at the following factors when determining to apply the adjustment:
- The need for a child support order even though the paying parent has low income.
- The need to increase the child support payments for more children.
- The motivation for the paying parent to continue to work.
- Eventually stopping the low-income child support payment adjustment when the paying parent starts to receive more income.
In Iowa there is a rebuttable presumption that the Iowa Courts utilization of the guidelines adopted by the Iowa Supreme Court calculations of child support to be paid by one parent (the non-custodial paying parent) to the other parent (the custodial non-paying parent) are correct. The rebuttable presumption means the above-mentioned presumption or idea that the calculations by the Iowa Court are correct can be challenged in court by a parent, and if the parent is successful in challenging the presumption that the calculation of child support is proper, the Iowa court will adjust the amount accordingly.
The Iowa Court in its discretion can add or deduct more child support than the traditional Iowa Child Support guidelines call for, thus departing from the traditional guidelines. If the Court departs from the traditional child support guidelines, it must produce a written fact finding and the Court’s reasoning as to why it departed from the traditional Iowa Child Support guidelines.
Parents in Iowa also have a duty to ensure that their child has medical insurance, there are certain situations where parents do not make a lot of money and thus are exempt from providing medical insurance to their children, but parents must provide health insurance for their children.
Iowa Supreme Court Orders Amendment to Child Support Guidelines and Rules Effective in 2022
On September 3rd, 2021, the Iowa Supreme Court Ordered amendments to the Iowa Child Support Guidelines and the Iowa Court Rules which are effective January 1st, 2022. The Iowa Supreme Court Order says that the Child Support Review Committee submitted their report to the Iowa Supreme Court on June 1st, 2021. In deciding whether to change the guidelines there were many factors’ studies and economic data analyzed. The Court made the following findings and changes to the Iowa Child Support Guidelines and Rules:
- Updating the Schedule of Basic Support Obligations to a the most current economic data for the state of Iowa.
- Continuing the use of low-income adjustments by the Iowa Courts in child support cases to take into consideration increases in minimum child support obligations.
- Increasing the minimum child support in the state of Iowa to $50 per month for one child.
- Increasing the minimum child support in the state of Iowa to $75 per month for two children.
- Increasing the minimum child support in the state of Iowa to $100 per month for three or more children.
- The low-income adjustment for child support when a paying parent’s net monthly income is $1,101.00, under the previous rule it was $1,151.00 (in cases where the parents have joint custody of the children or joint physical care, the low-income adjustment does not apply.
- In determining the need for an adjustment or variance departing from the traditional child support guidelines the custodial parent (the non-child support paying parent) childcare expenses will now be taken into account. The Iowa Court must make a written finding.
- In determining if a variance departing from the traditional child support guidelines is correct the court may now take into consideration each parent’s contribution share of income. The calculation of childcare expenses warranting a variance should not exceed the noncustodial child support paying parent’s share of income.
- In making the determination of ending the variance for childcare expenses the variance should end, when the child or children reach the age of 13, absent any extraordinary situation where the variance would still be proper.
- When the variance ends the child support payment obligation will automatically revert back to the original child support obligation payment that was in place before the variance was granted.
- Variances will not be granted in situations where there is joint physical care or “joint custody” of the child or children or situations where the non-custodial parent the parent who is making the child support payment earns $0-$1,100.00 per month.
- The income requirements for ordering medical support under the guidelines have changed, low-income parents who make $0-$1100.00 are exempt from paying medical support, under the old rule the paying parent had to make $0- 1150.00 a month to be exempt from paying medical support.
Modifications for Low Income Parents
Several changes accommodating low-income parents have been introduced by the 2023 amendments. These include adjustments to the basic support obligation amounts for low-income obligated parents and the establishment of a standard for reasonable cost medical support at no more than 5% of a parent’s gross income. The goal of these changes is to strike a balance between the financial capabilities of low-income parents and their obligation to contribute to their child’s support.
Moreover, the income threshold for low-income parents to qualify for child support modifications in Iowa is set at 16% of the parent’s gross monthly income, with a maximum of $1600 per month for five or more children. This provision ensures that low-income parents aren’t overly burdened by child support payments, thus making it more feasible for them to fulfill their obligations. To get an idea of what you might owe or receive, you can use the Iowa child support estimator.
Impact on Joint Physical Care Arrangements
The 2023 amendments have also brought about significant changes in joint physical care arrangements. Joint physical care arrangements are mandated by the court, and child care expenses are distributed in accordance with rule 9.14(3). These arrangements are granted when both parents have an equal split of time, and both parents’ homes are considered the ‘home base’ for the child.
When establishing joint physical care arrangements, it’s crucial to consider the expectations of both parties sharing equal and regular care for the child. This includes acknowledging the possibility of one parent being granted sole physical care and understanding the various scheduling methods, such as alternating weeks or split weeks.
Navigating Child Support Payments
Understanding how to navigate child support payments is critical u to the Iowa child support laws. The available payment methods for child support in Iowa now include:
- Cash
- Check
- Bank transfer
- Direct deposit
- Venmo
- Paypal
The diversity of payment methods aims to cater to the different financial circumstances and preferences of parents, ensuring that making child support payments is as flexible and convenient as possible.
Finding your way through the maze of child support payments can be challenging, but the Child Support Recovery Unit (CRSU) is there to assist. The CRSU, a division within the Iowa Department of Human Services, is responsible for enforcing child support orders and processing support payments. It’s an essential resource for parents, offering assistance and guidance in navigating child support payments under the new guidelines.
Role of the Child Support Recovery Unit
The Child Support Recovery Unit in Iowa, now referred to as Child Support Services, plays a pivotal role in enforcing child support orders and processing support payments. This unit ensures that all parents fulfill their obligations and that the rights of the child are upheld.
The Child Support Recovery Unit enforces child support orders through methods such as income withholding, administrative bank account levies, and attaching liens on property. They also focus on locating parents who may have defaulted on their payments. By doing so, the unit ensures that every child receives the financial support they are entitled to, regardless of the circumstances.
The Role of Health Insurance in Child Support Orders
Health insurance plays a significant role in child support orders. Under federal law, states are mandated to consider medical support in every child support order, which includes the responsibility for either parent to furnish medical support for their child. In Iowa, the allocation of responsibility for health insurance is typically determined based on factors such as:
- income
- financial resources
- cost of insurance
- the child’s medical needs
In cases where neither parent has access to affordable health insurance, the court may mandate the payment of cash medical support. This ensures that the child’s healthcare needs are adequately covered, regardless of the parents’ ability to provide health insurance. It’s a testament to Iowa’s commitment to ensuring the welfare and wellbeing of every child.
Determining Responsibility for Health Insurance
Both federal law and Iowa Code section 252E.1A determine the responsibility for health insurance in an Iowa child support order. Both parents are legally required to ensure the financial and medical support of their child, which includes providing health insurance when it can be added at no extra cost.
When determining the responsibility for health insurance, the court takes into account the availability and cost of health insurance, as well as the income of the parents. This ensures that the provision of health insurance is equitable and reflective of each parent’s financial capabilities.
Coverage of Uninsured Medical Expenses
Uninsured medical expenses encompass all medical costs for the child that are not covered by insurance, typically limited to essential treatment expenses. In situations where neither parent has access to reasonably priced health insurance, the court may mandate the sharing of uninsured medical expenses based on a percentage of their monthly income.
Iowa child support laws also encompass coverage for uninsured medication costs as a component of the uninsured medical expenses, provided that health insurance is not available at a reasonable cost. This ensures that the child’s medical needs are fully covered, regardless of the health insurance status of the parents.
Adjustments to Child Support for Special Circumstances
Iowa child support laws, reviewed by the Iowa Supreme Court, incorporate provisions for special circumstances, such as children with disabilities and cases involving extraordinary visitation credits. These provisions are designed to ensure that all children, regardless of their unique circumstances, are adequately provided for.
Children with disabilities, for instance, are given special consideration under the new laws, with provisions in place that take into account their individual needs and requirements. Similarly, the notion of extraordinary visitation credits has been introduced, recognizing the expenses that a non-custodial parent may incur due to spending exceptional amounts of time with their children.
Supporting Children with Disabilities
Iowa’s child support laws incorporate provisions for providing support to children with physical or mental disabilities, regardless of their age and dependency on the parties. This ensures that children with disabilities receive the necessary support they need, tailored according to their unique circumstances.
While the amendments do not explicitly categorize the disabilities, they do encompass both physical and mental disabilities in children for whom child support is being provided. The level of financial assistance for children with disabilities is determined based on the child’s reliance on the involved parties due to their physical or mental impairment.
Extraordinary Visitation Credit Considerations
The concept of extraordinary visitation credit is another critical aspect of Iowa child support laws. This credit is applicable when a non-custodial parent has a substantial amount of visitation that exceeds the standard order. It recognizes the additional financial burden that the non-custodial parent might bear due to the increased visitation time.
The extraordinary visitation credit can lower child support payments, but it cannot bring the payments below specific minimum thresholds. These thresholds ensure that the child always receives a minimum level of financial support, regardless of the visitation arrangements.
Enforcement and Modification of Child Support Orders
A crucial aspect of the child support system in Iowa is the enforcement and modification of child support orders. The Child Support Recovery Unit (CRSU), a division within the Iowa Department of Human Services, is tasked with:
- Enforcing child support orders
- Processing support payments
- Ensuring that all parents fulfill their child support obligations
- Upholding the rights of the child.
The process for enforcing child support orders in Iowa includes:
- Income withholding
- Garnishment
- Liens
- Contempt of court proceedings
Ensuring compliance with these orders is essential to guarantee that the child receives the necessary financial support from the parent required to pay child support.
Enforcing Child Support in Iowa
In Iowa, child support payments can be enforced through wage garnishment and income withholding, which may include withholding from wages, unemployment benefits, periodic earnings, trust income, and Social Security benefits. The Child Support Recovery Unit (CRSU) is responsible for implementing these enforcement measures.
Non-compliance with child support orders can lead to severe consequences. These may include the issuance of arrest warrants, actions for contempt of court, and the suspension, revocation, or denial of various licenses. These measures ensure that all parents fulfill their child support obligations, thereby upholding the rights of the child.
Criteria for Modifying Child Support Orders
The criteria for modifying child support orders are detailed in Iowa Code section 598.21C(2). Any significant change in financial circumstances can impact child support modifications. This ensures that the child support orders always reflect the current financial circumstances of the parents.
Parents can request an Administrative Modification (ADMOD) if there has been a significant change of 50% or more in a parent’s net income. By providing for such modifications, the new laws ensure that child support payments are always reflective of the parents’ current financial capabilities.
Understanding Your Rights and Responsibilities
For all parents, it’s crucial to understand their rights and responsibilities under the new child support laws. Both custodial and non-custodial parents have their specific obligations and responsibilities, and understanding these can help you navigate the child support system more effectively.
The new amendments to the Iowa child support laws include the following provisions:
- Recognizing the financial capabilities of parents
- Ensuring that all children receive the necessary support
- Fulfilling legal obligations towards the child
- Providing appropriate support in accordance with individual income levels
- Ensuring that every parent contributes to their child’s financial well-being.
Obligations of the Non-Custodial Parent
Under the new child support laws, the non-custodial parent has specific responsibilities. These include fulfilling legal obligations towards the child and providing appropriate support in accordance with their individual income levels. The new laws aim to ensure that both parents contribute to their child’s financial well-being, according to their capabilities and resources.
The non-custodial parent is also legally required to provide health insurance for the child when it can be added at no extra cost. This ensures that the child’s health care needs are adequately covered, regardless of the non-custodial parent’s financial situation.
Custodial Parent's Role in Child Support
In child support, the custodial parent also has specific responsibilities. These include fulfilling legal obligations towards the child and providing appropriate support in accordance with their individual income levels. The new laws aim to ensure that both parents contribute to their child’s financial well-being, according to their capabilities and resources.
In situations where neither parent has access to affordable health insurance, the court may take into account the custodial parent’s provision of health insurance and assess its relevance to child support calculations. This ensures that the child’s healthcare needs are adequately covered, regardless of the parents’ ability to provide health insurance.
Frequently Asked Questions
What age does child support end in Iowa?
In Iowa, child support generally ends when the child reaches 18 years of age or graduates from high school, whichever happens first.
How do I stop paying child support in Iowa?
To stop paying child support in Iowa, you should petition the court directly or seek assistance from a private attorney to end the support obligation. If CSRU is not enforcing your order, you must also complete form 470-0188, Application for Nonassistance Support Services.
Is there a statute of limitations on back child support in Iowa?
In Iowa, there is no statute of limitations on back child support for orders after 7/1/1997. For orders prior to that date, the statute of limitations is 20 years from the date of each child support installment.
Will child support automatically stop at 18 in Iowa?
No, in Iowa, child support does not automatically stop at 18 if the child is still attending high school full-time and is expected to graduate before turning 19.
What are the key changes in the 2023 amendments to the Iowa child support laws?
The key changes in the 2023 amendments to the Iowa child support laws involve modifications to basic support obligations, targeted provisions for low-income parents, and considerations for joint physical care arrangements. These changes aim to address various circumstances and improve the effectiveness of the child support laws.
If you have questions about your child support case and would like to speak to one of our skilled Iowa child support attorneys, feel free to give us a call at (630)-324-6666 or fill out our confidential contact form.
.avif)
.svg){kind=small}
