Iowa Child Support Laws
Go to another Iowa divorce page.

The following is a summary of Iowa child support laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Iowa Code and/or consult with an attorney about how the law might apply to your particular situation.

Child Support Guidelines, Deviation from the Guidelines.
The supreme court shall maintain uniform child support guidelines and criteria and review the guidelines and criteria at least once every four years.

Generally, the guidelines take each parent's gross monthly income, less deductions for the following:

9.5(1) Federal income tax (calculated pursuant to the guideline method).
9.5(2) State income tax (calculated pursuant to the guideline method).
9.5(3) Social security deductions.
9.5(4) Mandatory pension deductions.
9.5(5) Union dues.
9.5(6) Health insurance premium either deducted from wages or paid by a parent for health insurance so long as the child is covered by the policy.
9.5(7) Actual medical support paid pursuant to court order or administrative order.
9.5(8) Parent’s unreimbursed medical expenses, not to exceed $25 per month.
9.5(9) Prior obligation of child support and spouse support actually paid pursuant to court or administrative order.
9.5(10) Qualified additional dependent deductions.
9.5(11) Actual child care expense while custodial parent is employed, less the appropriate income tax credit.

Other items, such as credit union payments, charitable deductions, savings or thrift plans, and voluntary pension plans, are not to be deducted from a parent’s income, since the needs of the children must have a higher priority than voluntary savings or payment of indebtedness. Gross monthly income does not include public assistance payments or the earned income tax credit.

The parents' net monthly income is then compared to a chart, which is compiled by the Iowa Supreme Court and can be found in Chapter 9 of the Iowa Court Rules, and that chart is used to determine the basic child support obligation.

There shall be a rebuttable presumption that the amount of child support calculated under the child support guidelines is the correct amount of child support to be awarded. A variation from the child support guidelines shall not be considered by a court without a record or written finding, based on stated reasons, that the guidelines would be unjust or inappropriate.

-From Section 598.21B of the Iowa Code and Chapter 9 of the Iowa Court Rules.

 

Post-Secondary Education Subsidy.
The court may order a postsecondary education subsidy if good cause is shown. In determining whether good cause exists, the court shall consider the age of the child, the ability of the child relative to postsecondary education, the child's financial resources, whether the child is self-sustaining, and the financial condition of each parent.

If the court determines that good cause is shown for ordering a postsecondary education subsidy, the court shall determine the amount of subsidy as follows:

a. The court shall determine the cost of postsecondary education based upon the cost of attending an in-state public institution for a course of instruction leading to an undergraduate degree and shall include the reasonable costs for only necessary postsecondary education expenses.

b. The court shall then determine the amount, if any, which the child may reasonably be expected to contribute, considering the child's financial resources, including but not limited to the availability of financial aid whether in the form of scholarships, grants, or student loans, and the ability of the child to earn income while attending school.

c. The child's expected contribution shall be deducted from the cost of postsecondary education and the court shall apportion responsibility for the remaining cost of postsecondary education to each parent. The amount paid by each parent shall not exceed thirty-three and one-third percent of the total cost of postsecondary education.

A postsecondary education subsidy shall be payable to the child, to the educational institution, or to both, but shall not be payable to the custodial parent. A postsecondary education subsidy shall not be awarded if the child has repudiated the parent by publicly disowning the parent, refusing to acknowledge the parent, or by acting in a similar manner.

The child shall forward, to each parent, reports of grades awarded at the completion of each academic session within 10 days of receipt of the reports. Unless otherwise specified by the parties, a postsecondary education subsidy awarded by the court shall be terminated upon the child's completion of the first calendar year of course instruction if the child fails to maintain a cumulative grade point average in the median range or above during that first calendar year.

-From Section 598.21F of the Iowa Code.

 

Income Withholding.
The income of the obligor is subject to immediate withholding unless one of the following occurs:

a. One of the parties demonstrates and the court or child support recovery unit finds there is good cause not to require immediate withholding. A finding of good cause shall be based on, at a minimum, written findings and conclusions by the court or administrative authority as to why implementing immediate withholding would not be in the best interests of the child. In cases involving modifications, the findings shall also include proof of timely payment of previously ordered support.

b. A written agreement is reached between both parties which provides for an alternative arrangement. If the support payments have been assigned to the department of human services pursuant to chapter 234 or 239B, or a comparable statute of another jurisdiction, the department shall be considered a party to the support order, and a written agreement pursuant to this section to waive immediate withholding is void unless approved by the child support recovery unit. Any agreement existing at the time an assignment of support is made pursuant to chapter 234 or 239B or pursuant to a comparable statute of another jurisdiction shall not prevent the child support recovery unit from implementing immediate withholding.

-From Section 252D.8 of the Iowa Code.

 

If your divorce is uncontested, we would love to guide you through the process from beginning to end. Learn more about how our uncontested divorce services can help you through your divorce.

Go to another Iowa Divorce Page:
General Iowa Divorce Laws
Iowa Alimony Laws
Iowa Child Custody Laws
Iowa Child Support Laws
Iowa Divorce Laws and Property Division

 

© Help Yourself Divorce 2002-2008

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.

This information has been summarized from the Iowa statutes. You can find the full-text version of these and other Iowa divorce statutes online here: Iowa Divorce Laws.