Legal Question in Family Law in Iowa
Child Support ( running out of time)
My ex-husband was granted custody of our son in 1996. In 1998 he turned our son back over to me, and we had an attourney( his attourney) draw up an agreed modification of custody, and child support. That document was signed by both of us, but never filed with the court, nor has my ex husband made any attempt to have any meaningfull relationship with our son, nor contribute monetarily to his support. I am appearing pro se to have the court modify the custody and support decree to reflect the fact that I have had physical custody of my son for the past 5 years. Can I ask for the court to assess my ex-husband for support for the last five years?
1 Answer from Attorneys
Re: Child Support ( running out of time)
As part of your appearance on your petition to modify the existing court order that was part of your dissolution of marriage decree, you may present evidence of the written agreement that was not recorded, although one might question the reasons why it was not presented to the court for approval when it was written and signed.
Whether you will succeed in getting any more than was provided for in the original order is problematic given the failure to present the order to the court.
It may be that you will have to sue him in a separate action to collect any money that was part of the unrecorded agreement.
The Missouri Bar has an excellent survey of your issues and I recommend it highly.
http://www.mobar.net/pamphlet/support.htm
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