Legal Question in Family Law in Iowa

My Fiance's ex had a warrant issued in Florida for non payment of child support. We do not know if she ever served time for this or not. She has not had contact with his son in 5 years until early 2010. We currently live in Iowa. She is over 16,000 behind in Florida, but has been making reduced payments for the last 2 months here in Iowa after the custody case, which was initiated by my fiance, was finalized but she has not been paying any of the arrears. I am trying to find out what will happen if she does not have a job, as her husband is the only one who works, as far as the back child support goes. Also if there is a warrant and she is arrested, can that affect her visitation as we have primary custody of his son. Thank you.

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The custody case originated in Florida in 2003, but was moved to Iowa this year, 2010, and she has been issued an amount of child support to pay here, but it does not include the over 16,000 from Florida. She does not have a job, as she quit the only one she had when her wages began to be garnished.


Asked on 12/01/10, 11:44 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Well, for sure that arrearage is not going to go away, and your fiance's former spouse can and pursue it through the courts. I am a little confused as you say she has not seen the child for five years and now you have primary custody of the child.

I'm surprised that you got a custody change with the amount of arrearage that you have identified. You did, of course, disclose it to the court?

Any way you slice it she's going to have to find a better strategy for dealing with what she owes besides quitting her job.

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Answered on 12/07/10, 5:45 am


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