Child Support Modification

The party seeking modification bears the burden of proof by a preponderance of the evidence. In re Marriage of Lee, 486 N.W.2d 302, 304 (Iowa 1992).

In some cases, the only equitable way to determine income for child support purposes is to average income over time. In re Marriage of Cossel, 487 N.W.2d 679, 681 (Iowa Ct. App. 1992).

In determining child support, the court must first look to the child support guidelines.” In re Marriage of Hilmo, 623 N.W.2d 809, 811 (Iowa 2001).

When parents voluntarily reduce their income or decide not to work, courts may consider earning capacity rather than actual earnings in applying the child support guidelines. In re Marriage of Nelson, 570 N.W.2d 103, 106 (Iowa 1997).

State ex rel. Miles v. Minar, 540 N.W.2d 462, 464 (Iowa Ct. App. 1995)  The Court ruled allowing deviation from the amount calculated under the guidelines if necessary to provide for the children’s needs or to effectuate justice between the parties under the special circumstances of the case.  Note: See Iowa Court Rule 9.11.

There is a general principle that a person should not have to work overtime to pay child support. In re Marriage of Geil, 509 N.W.2d 738, 742 (Iowa 1993).

In re Marriage of Close, 478 N.W.2d 852, 854 (Iowa Ct. App. 1991)  The Court ruled that a parent’s child support obligation should not be so burdensome that a parent is required to work overtime to satisfy it.