Frequently Asked Questions
This page contains a list of frequently asked questions.
Please read our legal
disclaimer.
What is joint physical care?
Joint Physical Care (JPC) is when both parents share physical placement
of the child(ren). Simply defined, joint physical care allows the
child(ren) to live with each parent 50% of the time during the year.
Research has shown that child(ren) need equal access to both parents and
joint physical care accomplishes this challenge. Parenting
schedules are established to determine when each parent has the
child(ren) living with them. The most frequent joint physical care
schedule is one week at moms, the next week at dads, and holidays are
usually alternated. The State of Iowa, allows parents to determine what
parenting schedule best meets the needs of their child(ren). Joint
physical care is established in Iowa Statute 598.41(5)(a).
What
is Iowa law regarding recorded or taped telephone conversations?
Iowa is a one party state. It is legal to record phone calls as
long as one party to the telephone conversation has knowledge and has
given permission for the calls to be recorded. Attorney's are not
allowed to recommend this action to their clients, but I strongly urge
you to consider this method. It is a great way to document and
prove events for future use. I advise you to document the date and time
on all outgoing calls prior to completing the dialing.
How long does a judge have to rule on my case?
Iowa Code of Judicial Conduct states: “A judge should dispose promptly
of the business of the Court” see Canon 3 (A)(5). Judges must file
monthly reports by tile 10th day of each month listing all cases which
have been under advisement for over 60 days as of the last day of the
preceding month.
What is the maximum amount of time the Court has to hear my domestic
case?
Rule 23.2 Trial scheduling time standards.
The time standards commence from the time a case is filed except in
indictable criminal cases where the time shall be measured from date the
trial information or indictment is filed.
23.2(1)
Court administration shall schedule cases to
commence trial within the following time standards:
a. Indictable Criminal 6 months
b. Simple Misdemeanors 4 months
c. Torts (all except “complex civil”) 18 months
d. Complex Civil 24 months
e. Other Law & Equity 12 months
f. Domestic—Dissolution & Modification 9 months
g. Domestic Abuse 2 months
h. Domestic—All Other 6 months
i. Small Claims & Infractions 4 months
23.2(2)
If a party shows good cause for exceeding the trial time standards in
rule 23.2(1), a court may order an extension of the time for trial to
commence using the standards below as guidelines:
a. Indictable Criminal 12 months
b. Simple Misdemeanors 6 months
c. Torts (all except “complex civil”) 24 months
d. Complex Civil 36 months
e. Other Law & Equity 18 months
f. Domestic—Dissolution & Modification 15 months
g. Domestic Abuse 4 months
h. Domestic—All Other 12 months
i. Small Claims & Infractions 8 months
[Court Order June 27, 2008, effective September 1,2008]
I am behind on my child support, can my ex-spouse deny me scheduled
visitations?
Absolutely not! Iowa law treats denial of visitation as a separate
issue from child support. If your are denied visitation, you may
need to file a "Contempt of Court" action either with the help of an
attorney or pro se. You may download a "Contempt of Court" form by
clicking here. Judge's
generally do not like it when a parent uses children as leverage.
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Can a divorce decree be modified? How do I go about modifying the
divorce decree?
A divorce decree can be modified anytime if both parties agree. If
the parties disagree on a modification, extenuating circumstances must
exist (example: new laws, changes in existing laws, long term loss of
income, party moving, etc.) in order for a judge to modify the
existing ruling. Please note: One party's dissatisfaction
with the stipulation is not grounds for modification.
In order to modify a divorce decree, you must file a written “petition
to modify decree of dissolution of marriage” at the clerk’s office and
pay the filing fee. You may download a "Modification" form by
clicking here.
My former is moving with the child(ren), can I file for physical
custody?
If your former is relocating the child(ren) more than 150 miles, this is
considered a substantial change in circumstances and the court must
modify the stipulation to preserve as much visitation time as possible
as established in Iowa Statute 598.21(D). Note: Please
review your stipulation as "a substantial change of circumstances" could
be defined with a lower set of standards.
What are the guidelines for changing a child support order?
A change in the support amount is only granted if the difference between
the old and the new child support amount is more than 20%. The
same guidelines are used for a child support increase and for a child
support decrease.
How often can DHS review child support payments? How does DHS
change the support?
DHS can review child support payments every 24 months or whenever a is
child in need health insurance provisions.
DHS will ask the court to approve a change in the support amount if the
difference between the old and the new child support amount is more than
20%. If the difference is not more than 20% and dependent health
insurance provisions need to be added to the order, DHS will ask the
court to add dependent health insurance provisions to the order and also
adjust the child support amount.
Why does my child support have to be taken from my paycheck?
Changes in state and federal laws now require child support to be
withheld from wages when a parent is employed. In addition, child
support is withheld from unemployment benefits. This is called "income
withholding." Employers withhold payments for current support and an
additional amount for past support, if owed.
How do I get a blood test to establish or disestablish paternity?
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In a case to establish paternity you may request the judge to
order blood testing. A motion, in writing, must be filed
with the clerk and copies provided to the opposing parties.
The judge will then consider the request.
Establishing or disestablishing paternity is a very
important matter and can be very complicated.
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Must I provide health insurance for my child?
The court shall order as child medical support a health benefit plan as
defined in Chapter 252E if available to either parent at a reasonable
cost. A health benefit plan is considered reasonable in cost if it is
employment-related or other group health insurance, regardless of the
service delivery mechanism. The premium cost of the health benefit plan
may be considered by the court as a reason for varying from the child
support guidelines. If a health benefit plan is not available at a
reasonable cost, the court may order any other provisions for medical
support as defined in chapter 252E.
Does a medical physician have to release patient information regarding a
child, to the parents of that child?
If you have joint legal custody then the answer is yes.
Please see the statute below:
653 Iowa Administrative Code 13.7(7)
Transfer of medical records.
A physician must provide a copy of all medical records generated by the
physician in a timely manner to the patient or another physician
designated by the patient, upon written request when legally requested
to do so by the subject patient or by a legally designated
representative of the subject patient, except as otherwise required or
permitted by law.
If you are having difficulty receiving this information, I suggesting
writing a letter (certified) and request the medical records within 14
days. Include a copy of your stipulation stating you have Joint Legal
Custody and cross reference 653 Iowa Administrative Code 13.7(7).
Copy and document everything. If they do not comply, file a complaint
with the Iowa Board of Medical Examiners and they will investigate and
if necessary, revoke their license to practice medicine.
What is child endangerment?
A person who is the parent, guardian, or person having custody or
control over a child or a minor under the age of eighteen with a
mental or physical disability, or a person who is a member of the
household in which a child or such a minor resides, commits child
endangerment when the person does any of the following...See Iowa Code
726.6.
Can a school district legally deny a parent access to their children's
school records?
Unless your Divorce Decree specifically excludes you from access to your
child's school records, You have the right to access them. The
provisions in Federal Educational Rights and Privacy Act of 1974 (FERPA)
apply to ALL schools that receive Federal funding of any kind (see
below):
Section 99.4: What are the rights of parents?
"An educational agency or institution shall give full rights under the
Act to either parent unless the agency or institution has been
provided with evidence that there is a court order, state Statute, or
legally binding document relating to such matters as divorce,
separation, or custody, that specifically revokes these rights."