I have a new baby who's father is already paying support for other child...

[jul0317]

I have a new 4 month old baby and I am not currently collecting child support. The father also has another child he is paying support for in Iowa. He did not submit his financial information when that support was being set so they set him with an extremely high amount and now he can't really survive since our relationship ended... the only bill he can pay is his rent then he's left with $100 a month to live off of. I was told that even considering his dire circumstances, Iowa won't re-review his support payments because he didn't submit any financial info to begin with so he's out of luck and they won't review it until 24 months after it was set no matter what. Is this true??

Also, I heard that if I set up support for my baby that Nebraska child support will request that Iowa reviews what they are making him pay because my support would change his financial situation or something like that. Will Iowa be asked to re-review it and allow him to submit his financial information so he can have a fair amount that he pays? ((He pays $450 a month and should only be paying around $120 a month if he submitted his info)).

I need support from him but I'm more well off than he is so I don't want to force him to loose his apartment just by putting in for child support; I will only do it if Iowa will review his current case. Otherwise I'll have to wait for another year+ before they can review it.

Any info you can give me will help! Thanks!!!!!

 

[jharris352]

He is lying to you and you are being quite gullible to believe him. File for child support and watch how fast he changes his Iowa support. Next, choose better mates. This guy sucks.

 

[jul0317]

Lying to me about what? His child support? I know how much he pays and takes home, I've seen his paystubs... And how can he change his Iowa support?

 

[jharris352]

He is either lying to you about how much he is paying or that he can't change it. One of the two. I'm not against you or trying to judge you, I just know he can modify his child support for showing of good cause, and you sound like you are trying to defend him.

Just my take on the matter, don't be offended.

 

[jul0317]

According to the Iowa website, he can only request ad modification if he experiences a 50% drop in income from the financial position he was in when the order was set to the present time. Technically he did, but they say to get it reviewed he has to submit the financial records they used to set the initial order, but he didn't submit anything so he cant?? Does anyone really know Iowa law? If you're going to talk bad about someone you know nothing about like jharris352, dont worry about it, just trying to get some help on the law... that's what this website is for, right?

((Btw, just because a parent pays child support for 2 children and struggles financially doesn't mean he's a bad person. I don't think anyone has the right to judge, especially when you don't know where that person came from or the details of their life. I've been on a few of these law websites and see that people are really bitter towards ppl who pay child support; I understand that many times the person on the other end of it isn't of high moral values, but that doesn't mean every dad who has to pay cs is bad.))

 

[jharris352]

Dear, if you know everything, why ask us? Guys that have children they can not afford are irresponsible, women who defend them are gullible. Regardless of what you THINK the Iowa website says, there is a way to do it. I've handled many divorces, granted not in Iowa, and I am currently working child support cases in Georgia. If you think you know more than I do about it then please stop asking for free advice.

Once your baby's daddy had another illegitimate child with you there is a MATERIAL CHANGE in his income and financial situation that is demonstrable to the court. Thus he can ask for a change in child support.

If you will refer to Iowa statute 252k.206 You will see that the:

"1. A tribunal of this state may serve as an initiating tribunal to request a tribunal of another state to enforce or modify a support order issued in that state.

2. A tribunal of this state having continuing, exclusive jurisdiction over a support order may act as a responding tribunal to enforce or modify the order. If a party subject to the continuing, exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subsequent proceedings the tribunal may apply section 252K.316 to receive evidence from another state and section 252K.318 to obtain discovery through a tribunal of another state.

3. A tribunal of this state which lacks continuing, exclusive jurisdiction over a spousal support order may not serve as a responding tribunal to modify a spousal support order of another state."

The tribunal has the authority to enforce or modify an order. The Court can do so at it's discretion. I'm sure there are rules that keep divorced couples and other parents from pestering the court continually for modifications. HOWEVER if there is due cause the court has the authority to modify the order EVERY DAY.

So yes, I do know Iowa law. You are welcome whether you appreciate the answer or not.

 

[luvstexas]

OP was advised on another board...

 

[jharris352]

Just out of curiosity, what was the advice on the other board?

 

[jul0317]

Dear, if you know everything, why ask us? Guys that have children they can not afford are irresponsible, women who defend them are gullible. Regardless of what you THINK the Iowa website says, there is a way to do it. I've handled many divorces, granted not in Iowa, and I am currently working child support cases in Georgia. If you think you know more than I do about it then please stop asking for free advice.

Once your baby's daddy had another illegitimate child with you there is a MATERIAL CHANGE in his income and financial situation that is demonstrable to the court. Thus he can ask for a change in child support.

If you will refer to Iowa statute 252k.206 You will see that the:

"1. A tribunal of this state may serve as an initiating tribunal to request a tribunal of another state to enforce or modify a support order issued in that state.

2. A tribunal of this state having continuing, exclusive jurisdiction over a support order may act as a responding tribunal to enforce or modify the order. If a party subject to the continuing, exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subsequent proceedings the tribunal may apply section 252K.316 to receive evidence from another state and section 252K.318 to obtain discovery through a tribunal of another state.

3. A tribunal of this state which lacks continuing, exclusive jurisdiction over a spousal support order may not serve as a responding tribunal to modify a spousal support order of another state."

The tribunal has the authority to enforce or modify an order. The Court can do so at it's discretion. I'm sure there are rules that keep divorced couples and other parents from pestering the court continually for modifications. HOWEVER if there is due cause the court has the authority to modify the order EVERY DAY.

So yes, I do know Iowa law. You are welcome whether you appreciate the answer or not.

Wow! Ok then. Thanks. Why couldn't you have just said this in the first place instead of trying to judge someone you don't even know saying how he sucks and I should find better mates??

And why is it that the men get judged for having children in bad financial times. The mothers are part of this too you know. Married people who can't afford children aren't judged like this; so why do men have to be on the chopping block just because the relationship didn't turn out exactly as planned? How is it that everyone thinks it's their fault? Obviously that's a rhetorical question. I do realize that many men who pay child support may not hold the highest moral standards or be that intelligent, but why does everyone have to be grouped in that category. Judged just because of one simple fact in their life - paying child support.

Anyways thanks for the LEGAL info. Maybe you should just stick to that instead of interjecting your judgemental opinions. Thanks!

 

[jul0317]

Just out of curiosity, what was the advice on the other board?

All I got from them was a bunch of crap that didn't answer my question. It seems like there's just people out there waiting to jump on you and give you their bitter opinion on how all men suck and all single mothers should have sympathy. I thought that site was for help, again, not judgement. But, whatever makes them sleep at night I guess.

 

[luvstexas]

Just out of curiosity, what was the advice on the other board?

All I got from them was a bunch of crap that didn't answer my question. It seems like there's just people out there waiting to jump on you and give you their bitter opinion on how all men suck and all single mothers should have sympathy. I thought that site was for help, again, not judgement. But, whatever makes them sleep at night I guess.

You were given sound advice here and on the other board. Are you waiting for someone to tell you what you want to hear?
Cutting and pasting advice you receive here onto there is not going to change what it is you need (or don't need) to do.

 

[jul0317]

You were given sound advice here and on the other board. Are you waiting for someone to tell you what you want to hear?
Cutting and pasting advice you receive here onto there is not going to change what it is you need (or don't need) to do.

Excuse me I was just answering a question from the other person. Is that against the rules or something?:no: Cutting and pasting advice I received here onto the other board may help someone who has a similar problem since no one else wanted to give any real legal advice instead. Like I said, isn't that the reason for these boards--for legal advice, not for judgements, bad attitudes or bitterness. But thanks for the comments anyways.