Child Support and Changes in Custodial CareAugust 06, 2018
Our office fields many calls regarding child support. Everything from beginning to end. My least favorite calls are the parent who took in their child when the custodial parent was unable or unwilling to do so, continued paying child support, and is now calling because they want their months, sometimes years, of child support back. I have the unpleasant job of informing them that what they want is unlikely to happen.
Where do I go to modify, terminate, or suspend child support?
You can either file a request with the Child Support Recovery Unit or file a District Court action. If the order is from another state, you should speak to an attorney licensed to practice in that state before taking action.
Why can’t I get back the child support I paid when the child was living with me?
Iowa law says that since there was a valid court order in place, child support is still due until there is an order terminating or suspending child support. As the non-custodial parent, if the child is placed with you, either because of a court order or because the custodial parent, for whatever reason, no longer wants the child in their home, you will need to take action to modify, terminate, or suspend child support. Keep in mind that the issues of support and custody are separate and distinct. A change in one often means a change in the other, but you will often need to take steps to make it happen.
What happens to the money I paid while the child was with me?
It may go towards any back support you owe. If the child is receiving public assistance, the money may go to the state to offset those costs.
Bottom line: There’s a good chance you’ll never recover that money. This is why it is important to take immediate steps anytime there is a change in the custody arrangement.
If you have questions or concerns regarding child support, please contact our office to discuss with an attorney.
The content of this post is provided for informational purposes and is based on Iowa law, as well as the professional experiences of our attorneys. Different attorneys may have different experiences, and therefore different suggestions. Each case is different and to fully understand all the options in your unique situation, you should contact one of our attorneys.
Author: Sonci Kingery
August 06, 2018
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