Legal Question in Family Law in Iowa
child support in NY & IA
My daughter is 11 and we have always resided in NY. Her father had another daughter who is 4 in Iowa. He is now back in NY and trying to take me back to court to have his child support lowered for my daughter. He pays $162 per month for my daughter and makes over $30K per year. Apparently, Iowa laws to not take into consideration that he had another child and are taking a large amount of money out of his check for his youngest child. Is it possible that my child can suffer because her father chose to have another child and leave that mother too?
2 Answers from Attorneys
Re: child support in NY & IA
I concur with my colleague in New York, Ms. McAlister.
Re: child support in NY & IA
Your child's father is paying apx 6% of his income, which is LESS than half of what most states require a non custodial parent to pay for child support. Therefore, it is unlikely NY will downwardly modify his child support for your child in NY, notwithstanding what his child support obligation to his "afterborn" child, per Iowa.
However, Please note that Iowa (nor any other Court)does Not have jurisdiction over parties, or issues, not properly submitted or presented to it. Also, Child support is not required to be equalized amongst or between a non custodial parent's children.
Thus, If Iowa deducted $162.00/monthly child support being paid for your child and then applied the "proper" percentage standard, plus "add ons," for the 4 yr old, in Iowa, which resulted in the second child being entitled to receive more than twice what your child is scheduled to receive; it would not have been an improper application of the law.
Good luck,
Phroska L. McAlister,ESQ
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