One of the most common questions we field from Iowa divorce clients relates to Iowa child support agreements. Although some divorces are highly contested, there are a large amount of cases where the parents effectively communicate and reach mutually acceptable agreements regarding their divorce absent attorney or court intervention. Often times in these situations the parents desire that there be no child support obligation. In a majority of cases we are able to obtain court approval of child support agreements. However, does make it difficult in some situations.
Pursuant to Iowa Code section 598.21(4)(b), [t]here is 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. [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." In other words, child support is to be set according to the Iowa Child Support Guidelines, and the court may only approve a deviation from the Iowa Child Support Guidelines obligation if there are stated reasons for the deviation. Iowa divorce attorneys are able to craft specific language in a divorce decree, which provides for a deviation. However, the presiding judge who reviews the decree has the ultimate authority to approve or deny the deviation. To gain more information on this feel free to call or shoot us a message.