Iowa Spousal Support

Temporary Orders

The court may order either party in a divorce to pay the clerk of the court a set amount of money for the separate support and maintenance of the other party (and any children) and to enable the other party to prosecute or defend the dissolution (divorce) action. (IA 598.10) Claims for temporary support are generally included as part of the Petition or can be made by a separate application by either party with the court. Proper services of process and notice requirements must be met.

In making temporary orders, the court considers the age of the applicant, the physicial and financial situation of the parties involved, and other pertinent matters. Financial affidavits are required. Once a temporary order is in force, it will continue until it is either modified because of a substantial change in circumstances warranting a change or until a final decree is issued in the case.

(IA 598.11)

Permanent Support (Ordered with the Decree)

Iowa courts may grant an order with the decree requiring support payments to either party for either a limited or indefinite time period after considering all of the following criteria:

• Length of the marriage;
• Age and physical and mental health of both parties;
• Distribution of property made under section 598.21 (orders for disposition of property);
• Educational level of both parties at the time of the marriage and when the divorce action was filed;
• Earning capacity of the party seeking maintenance, taking into account training, employment skills, work experience, length of absence from the job market, responsibilities for children under either an award of custody or physical care, and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment;
• Feasibility of the party seeking maintenance becoming self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage and the length of time necessary to achieve this goal.
• Tax consequences to each party;
• Any mutual agreement made by the parties concerning financial or service contributions by one party with the expectation of future reciprocation or compensation by the other party;
• The provisions of an antenuptial (commonly known as prenuptial) agreement;
• Other factors the court finds to be relevant in an individual case.

(IA 598.21A)

Recordkeeping:What records you should keep when you pay or receive alimony payments:

You must keep adequate records if you are paying or receiving alimony/support. This point cannot be over-emphasized. Frequently after a divorce, the spouses dispute, or the IRS challenges, the amounts that were actually paid or received. Without adequate documentation, the payer may lose the alimony tax deduction and be ordered to pay back support if the other spouse makes a claim in court.

Payer

Here are suggestions of records to keep:

• list showing each payment (date, check number, place where sent)
• original checks used for payments (keep in a safe place, such as a safe deposit box) -- be sure to note on each check the month for which the support is being paid, and
• a receipt signed by the recipient, if you pay in cash.

Be sure to keep these records for at least three years from the date you file the tax return deducting the payments.

Recipient

Make a list that shows each payment received. Include the following information:

• date payment was received
• amount received
• check number or other identifying document (for example, the number of the money order)
• account number on which any check is written
• name of bank on which check is drawn or money order issued
• a photocopy of the check or money order, and
• a copy of any signed receipt you give for cash payments.

Modification of an Order

When there is a substantial change in circumstances, Iowa courts may order a modification of spousal support (or child support or medical support).

In determining whether there is a change in circumstances, the court will consider the following variables:

• changes in the employment, earning capacity, income, or resources of a party;
• receipt by a party of an inheritance, pension, or gift;
• changes in the medical expenses of a party;
• changes in the number or needs of dependents of a party;
• changes in the residence of a party;
• remarriage of a party;
• possible support of a party by another person;
• changes in the physical, emotional, or educational needs of a child whose support is governed by the order;
• contempt of court by one of the parties;
• entry of a juvenile court order placing custody or physical care of a minor child with a party who is obligated to pay child support for the child.

Additional criteria: A substantial change in circumstances is considered to have occurred when:

A court order for child support varies by ten percent or more due under the most current child support guidelines

-or-

the person obligated to pay child support gains access to a health benefit plan when there is no current provision for a health plan contained in the support order, and the children are not currently covered by a health plan paid for by the person obligated to pay support.

(IA 598.21C)