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Divorce and Family Law Attorneys

50 Northcrest Drive, Council Bluffs, Iowa 51503

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News & Resources

Property in your Divorce:  Part III -How are gifts and inheritance treated?  Usually, they go to the person that received them. Unless…

By Dec 8, 2017 Posted in Articles

  The Iowa law says that gifts and inheritance that a divorcing spouse received before or during the course of the marriage are the separate property of the person who received them and will be treated as his/her separate property.  That would mean that they are not part of the “marital assets” that can be divided in the divorce case.  There is, however, an exception to this rule that the courts have the ability to […]

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Property in your Divorce: Part II Premarital Property – “I had it before I married you so it is mine!”..Maybe not.

By Nov 24, 2017 Posted in Articles

A common misconception for most people going through a divorce is that if they owned a piece of property, or asset, before they married their partner that it is theirs.  That may, or may not, be the case.  The Iowa law states that premarital property “may” be given back to the person who owned it prior to the marriage.  The word “may” gives the courts the ability to determine if it will give the property […]

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Property in your Divorce: Part 1- Will all of your property in your divorce be treated the same and divided between you and your spouse? Not necessarily.

By Nov 10, 2017 Posted in Articles

  In every divorce proceeding it is important to understand that all property is not the same.  The Iowa law and the courts have recognized that there are potentially different types of property.  It is important to understand this regarding each piece of property in your divorce case.   Property can be categorized as premarital property, gifted or inherited property, or  marital property.  One piece of property can fall into more than one category.  In addition, […]

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New Blog Series – “Property in Your Divorce” beginning November 10, 2017.

By Nov 6, 2017 Posted in Articles

Please join us for our blog series entitled, “Property in Your Divorce” beginning November 10, 2017.   This series will be exploring various types of property in divorce proceedings. This will be a five part series, posted every other Friday, and will include various issues that all parties in a divorce, or thinking of divorce,  should know.  Should you require any additional information on any of these topics, or other family law related issues, please feel […]

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Legal Separation Agreements–Will the Court uphold them if you go through a divorce? The answer is..Maybe..

By Aug 25, 2017 Posted in Articles

Under Iowa law, married couples can legally separate by filing a Petition for Separate Maintenance without getting an actual divorce. The couple agrees to all of the same terms they would agree to in a divorce and a Separation Agreement is prepared. The court accepts the Agreement when a Separate Maintenance Decree is filed. The Decree lets the court decide all of the same issues that are decided in an actual divorce case. You would […]

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Will Child Support be Lowered if Criminal Activity Causes a Reduction in Income? It Depends on Intent.

By Aug 18, 2017 Posted in Articles

A recent issue before the Iowa Court of Appeals was whether a person paying child support can have support reduced because of his/her own illegal actions that ultimately impact his/her pay. In a recent case a father was convicted of driving while intoxicated and his employer then changed his job position to one with a reduced pay. The law in Iowa states that a person cannot voluntarily reduce his/her own income to cause a change […]

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Child Support Revisions Approved by the Iowa Supreme Court

By Aug 15, 2017 Posted in Articles

Beginning January 1, 2018, new amendments to the Iowa Child Support Guidelines will go into effect.  Some of the important changes include: -What a parent is allowed to deduct for the portion of the child’s health insurance when calculating child support. -What deductions are allowed if a child is on Hawk-I for health insurance. -What the definition of gross monthly income for child support purposes is and how spousal support will factor into the child […]

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New Law Alert: Revisions to the Iowa Code regarding Parenting Courses and Attorneys Fees for Contempt Actions relative to Support

By Jun 30, 2017 Posted in News

In the next few weeks we will be reviewing the changes to the Iowa Code regarding new laws, or amendments to existing laws, that occurred during this legislative session.  This alert addresses the mandatory parenting class and potential awards of attorney’s fees and court costs for contempt actions relative to support. Relative to the mandatory parenting class, divorcing parties have, for several years, been required to take a mandatory approved parenting class as part of their divorce […]

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Congratulations to Shannon Simpson for Attaining the Highest Peer Review Rating from Martindale Hubbell

By Jun 14, 2017 Posted in News

Martindale-Hubbell Peer Review Ratings allow attorneys to complete anonymous peer reviews where they rate fellow lawyers on a 1 (lowest) to 5 (highest) scale in five categories: Legal Knowledge, Analytical Capabilities, Judgment, Communication Ability and Legal Experience. Attorneys also answer whether or not they believe the lawyer they are reviewing has very high ethical standards. An AV Preeminent is the highest peer rating standard. This rating signifies that a large number of the lawyer’s peers rank […]

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Moving? It May Affect your Custodial Arrangement Even if it is Less than 150 miles Away!

By Jun 9, 2017 Posted in Articles

  Many people who go through a divorce, and are awarded primary physical care of their children (i.e. the children live primarily with one person and have visitation with the other), sometimes face a potential move/relocation to another area of the state. The question then arises, “Can the custody of my children be modified due to my move?” The answer is maybe. In Iowa there is a law that states that if the custodial parent […]

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50 Northcrest Drive, Council Bluffs, Iowa 51503
Phone: 712.256.9899

Twitter LinkedIn Martindale Simpson Legal Group, LLC