Legal Question in Family Law in Iowa

Re: Request a hearing?

Thank you for your question. I just had an opportunity to review it in detail and realized that you have not indicated in which state you live, and from which state the child support order originated. Without this basic information I cannot tell whether Minnesota or Iowa law would apply.

Under Minnesota Law, your voluntary payment of expenses (college, etc) does not satisfy your child support obligation, and will almost certainly be disregarded by the court. In fact, the law in Minnesota is very clear on this point, and is even set forth on a notice that is attached to every child support issued in this state. My recollection is that Iowa law is substantially similar to Minnesota's law on this point, although I will defer to an Iowa attorney about that matter.

Whether or not a modification of child support was appropriately ordered in the past is beyond the scope of this forum. I would need to examine prior court orders to evaluate that issue, and in any event, if the appeal period from that order has expired,this inquiry is almost meaningless.

The real question may be whether there has been a change of circumstances since the last order that justifies a modification of support. Again, I do not have enough information to evaluate that issue, which depends for its answer upon which state has jurisdiction over your child support obgligation.

If you have further questions or concerns, you may contact me. My contact information is set forth below, and in my "profile." If you are concerned that there has been a change of circumstances that may warrant a modification of support, you should review that matter with an attorney promptly, since the general rule (in Minnesota, at least) is that the court cannot go back in time and make a retroactive modification of support.

Good luck.

Re: Request a hearing?

You could get hammered if you don't contest a modification effort. You will forever lose your right to litigate those issues.