What factors will the court take into consideration to fix the child support amount in Iowa?
I am getting a divorce from my husband. We have 4 children together. What factors will the court take into consideration to fix the child support amount in Iowa?01/16/2017 | Category: Divorce » Child Support | State: Iowa | #30286
“ b. Calculating amount of support.
(1) In establishing the amount of support, consideration shall be given to the responsibility of both parents to support and provide for the welfare of the minor child and of a child’s need, whenever practicable, for a close relationship with both parents.
(2) For purposes of calculating a support obligation under this section, the income of the parent from whom support is sought shall be used as the noncustodial parent income for purposes of application of the guidelines, regardless of the legal custody of the child.
(3) For the purposes of including a child’s dependent benefit in calculating a support obligation under this section for a child whose parent has been awarded disability benefits under the federal Social Security Act, the provisions of section 598.22C shall apply.
c . Rebuttable presumption in favor of guidelines. There shall be a rebuttable presumption that the amount of child support which would result from the application of the guidelines prescribed by the supreme court is the correct amount of child support to be awarded.
d. Variation from guidelines. A variation from the guidelines shall not be considered by a court without a record or written finding, based on stated reasons, that the guidelines would be unjust or inappropriate as determined under the criteria prescribed by the supreme court.
e. Special circumstances justifying variation from guidelines. Unless the special circumstances of the case justify a deviation, the court or the child support recovery unit shall establish a monthly child support payment in accordance with the guidelines for a parent who is nineteen years of age or younger, who has not received a high school or high school equivalency diploma, and to whom each of the following apply:
(1) The parent is attending a school or program described as follows or has been identified as one of the following:
(a) The parent is in full-time attendance at an accredited school and is pursuing a course of study leading to a high school diploma.
(b) The parent is attending an instructional program leading to a high school equivalency diploma.
(c) The parent is attending a vocational education program approved pursuant to chapter 258.
(d) The parent has been identified by the director of special education of the area education agency as a child requiring special education as defined in section 256B.2.
(2) The parent provides proof of compliance with the requirements of subparagraph (1) to the child support recovery unit, if the unit is providing services under chapter 252B, or if the unit is not providing services pursuant to chapter 252B, to the court as the court may direct. Failure to provide proof of compliance under this subparagraph or proof of compliance under section 598.21G is grounds for modification of the support order using the uniform child support guidelines and imputing an income to the parent equal to a forty-hour workweek at the state minimum wage, unless the parent’s education, experience, or actual earnings justify a higher income.
3.Medical support. The court shall order child medical support as provided in section 252E.1A. The premium cost of a health benefit plan may be considered by the court as a reason for varying from the child support guidelines.
4.Necessary content of order. Orders made pursuant to this section need mention only those factors relevant to the particular case for which the orders are made but shall contain the names, birth dates, addresses, and counties of residence of the petitioner and respondent.”