News & Resources

  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, […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

  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 […]

  When a spouse decides that divorce is the option he/she is going to pursue, a consultation with an attorney is the initial step.  Numerous items are discussed during this initial meeting and paperwork is given to the individual to complete so that the necessary documents to initiate a divorce proceeding can be completed.  After receipt of the documentation, a Petition for Dissolution of Marriage is prepared and reviewed with the initiating spouse.  The Petition […]

In certain cases, there can be a spouse who has not worked for a period of time who states, for child support and alimony purposes, that he/she has “no income”.  That may technically be the case, but, legally the buck does not necessarily stop there.  The court has stated that a person’s earning capacity can be attributed to him/her when he/she is not working.  The Iowa Supreme Court stated that, however, “[b]efore using earning capacity […]