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February 29, 2004
Age Limits for Post-Secondary Education Subsidy
Today's sole family law opinion from the Iowa Supreme Court is In re Marriage of Neff, which defines the age limit for children eligible for the "post-secondary education subsidy" (i.e., college support). According to the decision, a student must be "older than 17" and "younger than 23" to be eligible for college support under Iowa law.
The case also addresses some related college support issues, such as status of "PLUS" loans and the importance of filing court action immediately upon learning that the other parent is not contributing to the college expenses of the child.
Posted on February 29, 2004 in Post-Secondary (College) Subsidy | Permalink
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February 23, 2004
Children in the Middle: Do's and Don'ts
In divorce or any other legal proceeding concerning child custody, Iowa courts require both parent to attend the "Children in the Middle" program to become aware of how children are affected by custody disputes and divorce. Here are a few "Do's and Don'ts" on how to minimize the impact of divorce on children:
1. Put your children's welfare first. Never use a child as a weapon against your spouse. 2. Be sure your children have ample time with the other parent. They need it. 3. Don't introduce your children to your new romantic interest until the children have adjusted to the divorce, separation from the other parent, and your new relationship is stable. 4. Don't bring your children to court or to meetings with your attorney. 5. Keep to the schedule. Give the other parent and the children as much notice as you can when you will not be able to keep to the schedule. Be considerate. 6. Be flexible. You may both need to adjust the schedule from time to time. 7. Giving of yourself is more important than giving material things to the children. 8. Do not use your spouse as spies to report on the activities of the other parent. 9. Do not use the children to deliver messages or act as couriers to the other parent. 10. Avoid arguments or confrontations while dropping off or picking up the children or whenever children are present. 11. Don't listen in on your children's phone calls with the other parent. 12. Maintain your composure and try to keep a sense of humor. Your children's behavior is affected by your attitude and conduct. 13. Assure your children they are not to blame for the breakup, and are not being rejected or abandoned by either parent. 14. Don't criticize the other parent in front of your children. Your children need to respect both parents.
Posted on February 23, 2004 in Custody, FAQ | Permalink
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February 22, 2004
ABA Recommendation on Federal Same-Sex Marriage Legislation
The American Bar Association has issued a recommendation (PDF) against new federal legislation or constitutional amendments that would define "marriage" or prohibit states from enacting legislation contrary to a federally defined standard.
Posted on February 22, 2004 in Federal Laws-Cases | Permalink
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February 19, 2004
2004 Family Law Legislative Bills
The Iowa legislature is currently considering the following family law related bills of interest in its 2004 session. Updates to individual bills will be posted from time to time as the legislative session progresses.
HF 2009 regarding social history information about adopted persons and their biological families.
HSB510, SSB 3027 and HF 2176 regarding abandonment of a child as a grounds for termination of parental rights.
HSB505 provides for the diversion of a portion of a noncustodial parent's child support obligation to a college savings plan.
HSB504 to provide for the sharing of student information with and involvement in school activities by both joint legal custodial parents.
HF 2020 to plan for relocation of the child support recovery unit within the department of revenue.
HF 2036 requires an adult pregnant woman seeking an abortion to file a petition in the district court requesting approval.
HF 2022 provides that an action based on fraud relative to a judgment of distribution of marital assets may only be brought within one year of discovery by the party aggrieved.
HF 2024 directs the department of human services to Medicaid to juveniles who are considered inmates under the federal Social Security Act.
SJR 2002 is a joint resolution proposing an amendment to the Iowa Constitution Iowa regarding the validity and recognition of marriages (Also HJR 2003).
HSB 521 changes child support and dependent adult abuse provisions under the department of human services.
HSB 530 provides that a child endangerment offense resulting in the death of a child or minor, which does not require a showing of extreme indifference to human life, is a class "B" felony.
HF 2046 provides that in addition to recovery of the application fee paid by a recipient of child support services, the fee paid by the recipient for service of process may also be recovered from the person responsible for payment of child support
HF 2076 provides that under the medical support chapter, "insurer of the obligor" includes an insurer who provides a health benefit plan under which the obligor is covered and requires certain provisions in medical support orders.
HF 2078 provides that if paternity of a child born out of wedlock is established, in addition to the court establishing the parent's monthly support payment, the court may also order a postsecondary education subsidy.
HJR 2002 and SJR 2005 are joint resolutions petitioning the United States Congress to propose a constitutional amendment to define marriage as the legal union between one man and one woman as husband and wife.
HSB 570 relates to confidentiality and liability provisions involving the child advocacy board and the programs and volunteers associated with the board.
HSB 605 relates to child abuse assessment requirements involving interviews of persons alleged to have committed child abuse and training of child protection workers.
HSB 614 relates to child protection confidentiality requirements involving the department of human services SF 2088 provides a preference for out-of-home placement of children with relatives.
SF 2082 is the "Foster Parents Bill of Rights."
HF 2188 establishes the procedure and requirements for a covenant marriage.
HF 2209 amends Section 144.13A, subsection 2, as follows:
The state registrar shall charge the parent a separate fee established under section 144.46 for a certified copy of the certificate. The certified copy shall be mailed to the parent by the state registrar. Unless a biological parent declines the mailing or receipt of a certified copy, the mailing of a certified copy of the certificate to a biological parent shall not be precluded by the execution of a release of custody under chapter 600A, and a biological parent shall be provided with a certified copy of the certificate until such time as a final adoption decree has been issued under chapter 600.
HF 2211 provides for grandparent or other relative visitation under certain circumstances with a child adjudicated as a child in need of assistance.
SF 2100 establishes a child endangerment offense for permitting the presence of a child where a controlled substance manufacturing or product possession violation occurs, but the violation does not result in a serious injury to the child.
HF 2251 bill provides that the rights of marriage are not to be conferred upon unmarried couples or groups of persons. Additionally, a civil contract valid in any other state is not valid in this state. The bill is retroactively applicable to January 1, 1999.
HSB 621 revises the time period required for holding the initial permanency hearing for a child who is subject to an order for out-of-home placement, based upon the child's age.
HF 2203 directs the department of human services to implement five or more child welfare diversion and mediation pilot projects.
HF 2226 relates to hearings required under chapter 232, for the physical or mental examination or chemical dependency evaluation of a child alleged to be delinquent or a child in need of assistance. The bill explicitly provides that the court may also order a chemical dependency evaluation.
HF 2245 provides that for founded child abuse information, the child's name and disposition data are to become part of the child's permanent student record and are subject to information sharing under Code section 280.25.
The above information is courtesy of the Iowa State Bar Association's legislative committee. For daily updates on any particular bill, check the Iowa Legislature's web site.
Posted on February 19, 2004 in Legislation | Permalink
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February 17, 2004
If You Flunk, Can You Re-Take this Test?
Researchers claim that they have discovered a test that is 94% accurate in predicting the likelihood of divorce:
The results come from a series of intensive studies of 15-minute interviews with couples discussing contentious issues, such as sex or money. Trained observers tracked statements and facial expressions made by each partner and plotted graphs of 'positivity' against time for each conversation.
The equations seem to fall into five types, only three of which appear to be stable over long periods of time. To test this assertion, researchers interviewed 700 US couples who had recently wed, and made predictions about whether they would get divorced in the near future. Revisiting those same couples four years later, they found their predictions had a 94% success rate - better than therapists who carried out a similar exercise..
The crucial predictors, say the researchers, are the presence of facial expressions that accompany emotions such as contempt. For example, just watching a couple and looking for this expression, described as a sideways pull of a corner of the mouth accompanied by rolling eyes, is enough to make a good guess about a couple's suitability. "This is our best predictor. Contempt is the sulphuric acid of love."
Too bad you can't take it before you're married.
Posted on February 17, 2004 in Oddities | Permalink
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February 16, 2004
How is child support calculated?
The amount of child support to be paid or received by an Iowa parent is calculated according to the Iowa Child Support Guidelines. The Guidelines apply to every case in which support is due. The starting point is determining each parent's gross monthly income. From this amount, a number of deductions and credits are factored in, resulting in each parent's net monthly income. It is important to remember that "net income" for child support purposes is not the same as "net income" for tax purposes. The non-custodial parent's net income is then compared with the custodial parent's net income and a resulting percentage determined. This percentage is then applied to the non-custodial parent's net monthly income to determine the dollar amount of support to be paid.
Calculation of the precise amount of child support in any given case should be made by an attorney who is familiar with the guidelines, interpretation of the Guidelines under Iowa case law, and, most importantly, the facts of your particular case.
For further online information:
Alft & Wilson - makers of Iowa Support Master software and an online support estimating calculator Iowa Supreme Court - general information and support related forms for downloading Iowa Child Support Enforcement Unit - online child support account access and information
Posted on February 16, 2004 in Child Support | Permalink
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February 15, 2004
What are court costs and how much will they be?
Depending on the type of case, court costs in a family law case may include the filing fee, court reporter's costs, fees for the final decree, statutory witness fees, service fees, and the cost of depositions under certain circumstances. For example, the current filing fee for a dissolution of marriage case in Iowa is $100. The court may order one or both parties to pay some or all of the court costs in a given case.
Posted on February 15, 2004 in FAQ | Permalink
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How long do I have to wait for my divorce to be final?
Iowa law requires a 90 day waiting period. The 90 days begins to run on the date that your spouse is served. A judge can waive the 90 day waiting period for "emergency" or "necessity" in any particular case. If you have a reason why the 90 day waiting period should be waived, you should ask your attorney whether the waiting period can be waived.
Posted on February 15, 2004 in FAQ | Permalink
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February 11, 2004
In re Marriage of Swalley
This decision by the Iowa Court of Appeals is a good primer on alimony and the factors affecting its amount and duration in any particular case. On the subject of property awards, the "key" to whether tax consequences should be considered is whether the sale of an asset is ordered or "otherwise relatively certain." Here, the court found that it was too speculative to predict tax rates 20 years or more in the future to allow an adjustment for tax consequences.
Posted on February 11, 2004 in Alimony, Property Distribution | Permalink
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In re Marriage of McKay
Iowa Court of Appeals reduced a "life sentence" alimony award of $3,500 per month to a term of ten years and indicating that a "traditional" alimony award can "accomodate some aspects of rehabilitative or reimbursement alimony." In re Marriage of McKay Decision: 1/28/2004
Posted on February 11, 2004 in Alimony | Permalink
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Main
| July 2004 »
February 29, 2004
Age Limits for Post-Secondary Education Subsidy
Today's sole family law opinion from the Iowa Supreme Court is In re Marriage of Neff, which defines the age limit for children eligible for the "post-secondary education subsidy" (i.e., college support). According to the decision, a student must be "older than 17" and "younger than 23" to be eligible for college support under Iowa law.
The case also addresses some related college support issues, such as status of "PLUS" loans and the importance of filing court action immediately upon learning that the other parent is not contributing to the college expenses of the child.
Posted on February 29, 2004 in Post-Secondary (College) Subsidy | Permalink
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February 23, 2004
Children in the Middle: Do's and Don'ts
In divorce or any other legal proceeding concerning child custody, Iowa courts require both parent to attend the "Children in the Middle" program to become aware of how children are affected by custody disputes and divorce. Here are a few "Do's and Don'ts" on how to minimize the impact of divorce on children:
1. Put your children's welfare first. Never use a child as a weapon against your spouse. 2. Be sure your children have ample time with the other parent. They need it. 3. Don't introduce your children to your new romantic interest until the children have adjusted to the divorce, separation from the other parent, and your new relationship is stable. 4. Don't bring your children to court or to meetings with your attorney. 5. Keep to the schedule. Give the other parent and the children as much notice as you can when you will not be able to keep to the schedule. Be considerate. 6. Be flexible. You may both need to adjust the schedule from time to time. 7. Giving of yourself is more important than giving material things to the children. 8. Do not use your spouse as spies to report on the activities of the other parent. 9. Do not use the children to deliver messages or act as couriers to the other parent. 10. Avoid arguments or confrontations while dropping off or picking up the children or whenever children are present. 11. Don't listen in on your children's phone calls with the other parent. 12. Maintain your composure and try to keep a sense of humor. Your children's behavior is affected by your attitude and conduct. 13. Assure your children they are not to blame for the breakup, and are not being rejected or abandoned by either parent. 14. Don't criticize the other parent in front of your children. Your children need to respect both parents.
Posted on February 23, 2004 in Custody, FAQ | Permalink
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February 22, 2004
ABA Recommendation on Federal Same-Sex Marriage Legislation
The American Bar Association has issued a recommendation (PDF) against new federal legislation or constitutional amendments that would define "marriage" or prohibit states from enacting legislation contrary to a federally defined standard.
Posted on February 22, 2004 in Federal Laws-Cases | Permalink
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Comments (0)
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February 19, 2004
2004 Family Law Legislative Bills
The Iowa legislature is currently considering the following family law related bills of interest in its 2004 session. Updates to individual bills will be posted from time to time as the legislative session progresses.
HF 2009 regarding social history information about adopted persons and their biological families.
HSB510, SSB 3027 and HF 2176 regarding abandonment of a child as a grounds for termination of parental rights.
HSB505 provides for the diversion of a portion of a noncustodial parent's child support obligation to a college savings plan.
HSB504 to provide for the sharing of student information with and involvement in school activities by both joint legal custodial parents.
HF 2020 to plan for relocation of the child support recovery unit within the department of revenue.
HF 2036 requires an adult pregnant woman seeking an abortion to file a petition in the district court requesting approval.
HF 2022 provides that an action based on fraud relative to a judgment of distribution of marital assets may only be brought within one year of discovery by the party aggrieved.
HF 2024 directs the department of human services to Medicaid to juveniles who are considered inmates under the federal Social Security Act.
SJR 2002 is a joint resolution proposing an amendment to the Iowa Constitution Iowa regarding the validity and recognition of marriages (Also HJR 2003).
HSB 521 changes child support and dependent adult abuse provisions under the department of human services.
HSB 530 provides that a child endangerment offense resulting in the death of a child or minor, which does not require a showing of extreme indifference to human life, is a class "B" felony.
HF 2046 provides that in addition to recovery of the application fee paid by a recipient of child support services, the fee paid by the recipient for service of process may also be recovered from the person responsible for payment of child support
HF 2076 provides that under the medical support chapter, "insurer of the obligor" includes an insurer who provides a health benefit plan under which the obligor is covered and requires certain provisions in medical support orders.
HF 2078 provides that if paternity of a child born out of wedlock is established, in addition to the court establishing the parent's monthly support payment, the court may also order a postsecondary education subsidy.
HJR 2002 and SJR 2005 are joint resolutions petitioning the United States Congress to propose a constitutional amendment to define marriage as the legal union between one man and one woman as husband and wife.
HSB 570 relates to confidentiality and liability provisions involving the child advocacy board and the programs and volunteers associated with the board.
HSB 605 relates to child abuse assessment requirements involving interviews of persons alleged to have committed child abuse and training of child protection workers.
HSB 614 relates to child protection confidentiality requirements involving the department of human services SF 2088 provides a preference for out-of-home placement of children with relatives.
SF 2082 is the "Foster Parents Bill of Rights."
HF 2188 establishes the procedure and requirements for a covenant marriage.
HF 2209 amends Section 144.13A, subsection 2, as follows:
The state registrar shall charge the parent a separate fee established under section 144.46 for a certified copy of the certificate. The certified copy shall be mailed to the parent by the state registrar. Unless a biological parent declines the mailing or receipt of a certified copy, the mailing of a certified copy of the certificate to a biological parent shall not be precluded by the execution of a release of custody under chapter 600A, and a biological parent shall be provided with a certified copy of the certificate until such time as a final adoption decree has been issued under chapter 600.
HF 2211 provides for grandparent or other relative visitation under certain circumstances with a child adjudicated as a child in need of assistance.
SF 2100 establishes a child endangerment offense for permitting the presence of a child where a controlled substance manufacturing or product possession violation occurs, but the violation does not result in a serious injury to the child.
HF 2251 bill provides that the rights of marriage are not to be conferred upon unmarried couples or groups of persons. Additionally, a civil contract valid in any other state is not valid in this state. The bill is retroactively applicable to January 1, 1999.
HSB 621 revises the time period required for holding the initial permanency hearing for a child who is subject to an order for out-of-home placement, based upon the child's age.
HF 2203 directs the department of human services to implement five or more child welfare diversion and mediation pilot projects.
HF 2226 relates to hearings required under chapter 232, for the physical or mental examination or chemical dependency evaluation of a child alleged to be delinquent or a child in need of assistance. The bill explicitly provides that the court may also order a chemical dependency evaluation.
HF 2245 provides that for founded child abuse information, the child's name and disposition data are to become part of the child's permanent student record and are subject to information sharing under Code section 280.25.
The above information is courtesy of the Iowa State Bar Association's legislative committee. For daily updates on any particular bill, check the Iowa Legislature's web site.
Posted on February 19, 2004 in Legislation | Permalink
|
Comments (0)
|
TrackBack (0)
February 17, 2004
If You Flunk, Can You Re-Take this Test?
Researchers claim that they have discovered a test that is 94% accurate in predicting the likelihood of divorce:
The results come from a series of intensive studies of 15-minute interviews with couples discussing contentious issues, such as sex or money. Trained observers tracked statements and facial expressions made by each partner and plotted graphs of 'positivity' against time for each conversation.
The equations seem to fall into five types, only three of which appear to be stable over long periods of time. To test this assertion, researchers interviewed 700 US couples who had recently wed, and made predictions about whether they would get divorced in the near future. Revisiting those same couples four years later, they found their predictions had a 94% success rate - better than therapists who carried out a similar exercise..
The crucial predictors, say the researchers, are the presence of facial expressions that accompany emotions such as contempt. For example, just watching a couple and looking for this expression, described as a sideways pull of a corner of the mouth accompanied by rolling eyes, is enough to make a good guess about a couple's suitability. "This is our best predictor. Contempt is the sulphuric acid of love."
Too bad you can't take it before you're married.
Posted on February 17, 2004 in Oddities | Permalink
|
Comments (0)
|
TrackBack (0)
February 16, 2004
How is child support calculated?
The amount of child support to be paid or received by an Iowa parent is calculated according to the Iowa Child Support Guidelines. The Guidelines apply to every case in which support is due. The starting point is determining each parent's gross monthly income. From this amount, a number of deductions and credits are factored in, resulting in each parent's net monthly income. It is important to remember that "net income" for child support purposes is not the same as "net income" for tax purposes. The non-custodial parent's net income is then compared with the custodial parent's net income and a resulting percentage determined. This percentage is then applied to the non-custodial parent's net monthly income to determine the dollar amount of support to be paid.
Calculation of the precise amount of child support in any given case should be made by an attorney who is familiar with the guidelines, interpretation of the Guidelines under Iowa case law, and, most importantly, the facts of your particular case.
For further online information:
Alft & Wilson - makers of Iowa Support Master software and an online support estimating calculator Iowa Supreme Court - general information and support related forms for downloading Iowa Child Support Enforcement Unit - online child support account access and information
Posted on February 16, 2004 in Child Support | Permalink
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Comments (0)
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TrackBack (0)
February 15, 2004
What are court costs and how much will they be?
Depending on the type of case, court costs in a family law case may include the filing fee, court reporter's costs, fees for the final decree, statutory witness fees, service fees, and the cost of depositions under certain circumstances. For example, the current filing fee for a dissolution of marriage case in Iowa is $100. The court may order one or both parties to pay some or all of the court costs in a given case.
Posted on February 15, 2004 in FAQ | Permalink
|
Comments (0)
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TrackBack (0)
How long do I have to wait for my divorce to be final?
Iowa law requires a 90 day waiting period. The 90 days begins to run on the date that your spouse is served. A judge can waive the 90 day waiting period for "emergency" or "necessity" in any particular case. If you have a reason why the 90 day waiting period should be waived, you should ask your attorney whether the waiting period can be waived.
Posted on February 15, 2004 in FAQ | Permalink
|
Comments (0)
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TrackBack (0)
February 11, 2004
In re Marriage of Swalley
This decision by the Iowa Court of Appeals is a good primer on alimony and the factors affecting its amount and duration in any particular case. On the subject of property awards, the "key" to whether tax consequences should be considered is whether the sale of an asset is ordered or "otherwise relatively certain." Here, the court found that it was too speculative to predict tax rates 20 years or more in the future to allow an adjustment for tax consequences.
Posted on February 11, 2004 in Alimony, Property Distribution | Permalink
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Comments (0)
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TrackBack (0)
In re Marriage of McKay
Iowa Court of Appeals reduced a "life sentence" alimony award of $3,500 per month to a term of ten years and indicating that a "traditional" alimony award can "accomodate some aspects of rehabilitative or reimbursement alimony." In re Marriage of McKay Decision: 1/28/2004
Posted on February 11, 2004 in Alimony | Permalink
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