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Motion to Modify or Amend Divorce Decree to Provide for Decrease in...

Iowa Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

Q: How often is child support reviewed in Iowa?

Federal law requires the supreme court to review Iowa&#039;s Child Support Guidelines every four years to ensure that the Guidelines provide fair and accurate child support amounts.

Q: At what age in Iowa can a child decide which parent to live with?

There is no set age for when a judge will take a child&#039;s preference into account. If a child is exceptionally young or if they seem to have been swayed by a parent or relative, their preference will not be considered.

Category:

Family Law - Divorce - Child Support - Modifications

State:

Multi-State

Control #:

US-00799BG

Format:

Instant download

Description

A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.

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FAQ

To end support, parents must first ask us to suspend it. For the majority of the cases, parents must agree in writing to end support by asking for Suspension. Their request must be to end support for one or more of the children covered by the order. Suspension does not change the amount of past due support.

How do I change certain provisions in my divorce decree? Dissolution decrees may be modified if the court finds that a substantial change of circumstances has occurred. A party must apply to the court for a modification of a decree.

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.

Federal law requires the supreme court to review Iowa's Child Support Guidelines every four years to ensure that the Guidelines provide fair and accurate child support amounts.

There is no set age for when a judge will take a child's preference into account. If a child is exceptionally young or if they seem to have been swayed by a parent or relative, their preference will not be considered.

In either instance you must file a specific request with the court. Forms and instructions for obtaining a modification of child support are available on the Iowa Judicial Branch website at: , then click on >Child Support and >Modifications.