Legal Question in Family Law in Iowa

Re: Child support when large income difference exists

When you posed this question my instinct was that you have a worthless clause in your agreement and after I did the research I find I am correct.

The Minnesota case of Moe v. Kiner, 2000 Minn. App. LEXIS states that any agreement between parents that purports to bargain away a child's right to support is void as against public policy.

Simply stated, that part of your agreement in which she agreed to forego child support is unenforceable. She can file for support and may well get it. The position of the Minnesota courts is clear on the subject.

Whether this is enough to void the entire agreement is unknown. Not having that agreement in front of me I cannot comment further..

Given the clear import of the case law which was quite easy to locate, I am surprised that any judge would have approved such a clause in a divorce agreement-I'm in Iowa and I'm quite sure no Iowa judge I ever met would have done that.

Although it may not be much consolation, you may have the material for a grievance to your attorney regulating authorities against both attorneys that approved this agreement, and perhaps an attorney malpractice cause of action against the attorney you used. Unless, of course, you did the divorce yourselves in an effort to save the $750 it would have cost you.

Be prepared for her asking you to pay back child support as well....

Child support is determined by comparing the incomes of the custodial and noncustodial parents, and then referring to a set of standard tables. Without knowing what your relative incomes are it is impossible for me to say how much you will have to pay.