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Iowa Questions & Answers
1 Answer | Asked in Child Custody and Divorce for Iowa on
Q: Divorce decree states two weeks on two weeks off with the kids. The ex wants only our daughter full time and not son.

I suggested i take both full time and she said no. What do I do?

M. John Riley
M. John Riley
answered on Feb 28, 2022

A petition for modification needs to be filed to change the current custody arrangement.

1 Answer | Asked in Trademark for Iowa on
Q: A question regarding trademarks. I looked at Aveda and it says their registration is cancelled. Can you explain that?

Creating a logo and want to ensure I dont infringe on Aveda. The logo I have, my client wants one of the letters to have a connector line as a circle to create the full letter

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 17, 2022

There are over 20 live registrations for the text mark AVEDA, some with design elements. If you have found a registration that has been cancelled, that does not necessarily mean that the mark is no longer in use by its owner.

You should consult a qualified trademark attorney to perform a...
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1 Answer | Asked in Employment Law for Iowa on
Q: Can my employer make me pay for PTO I used?

I work in Iowa and my employer gives us 120 hours of PTO at the start of the new calendar year. They then state that we "earn" 10 hours every month.

I have used about 80 of my 120 due to medical issues keeping me from work. My employer told me if I quit today that they would: 1:... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 8, 2022

Your employer is permitted to make deductions from your final check, but it is not permitted to make substantial enough deductions such that your final pay falls below your state's minimum wage. For example, if you worked 30 hours per week and earned $500 on your last check, and then your... View More

1 Answer | Asked in Criminal Law for Iowa on
Q: I was riding In car with 2 friends and the cops found 260 gr of meth that was the driver's of the car they charged consp

The driver of the car who the meth belonged to won't say its his

Richard W. Noel
Richard W. Noel
answered on Feb 6, 2022

That's called constructive possession. Speak with your attorney about it and see what if any defenses you might have.

2 Answers | Asked in Criminal Law for Iowa on
Q: Once a judge accepts a plea with a certain sentence can the judge change that sentence

The plea was for unsupervised probation, and after the judge accepted the plea changed it to supervised probation, can they do that?

Katherine Sears
Katherine Sears
answered on Feb 4, 2022

In Iowa, where this question appears to have been asked, the judge generally retains the latitude to accept a plea while rejecting a plea offer and imposing any legal sentence. Yes, that would include changing unsupervised probation to supervised probation. If you have questions about this, you... View More

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1 Answer | Asked in Gaming and Copyright for Iowa on
Q: Can I rip a Nintendo game, turn it into a file, and use it for personal use, don’t plan on sharing it with anyone?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 25, 2022

Thanks to the "first sale doctrine" in copyright law, you may make additional copies of the work for your own use so long as you do not distribute or sell them to others. The transformative copy you propose would also be permitted, with the same limitation on distribution or sale to others.

1 Answer | Asked in Tax Law for Iowa on
Q: Can my fiance claim me on taxes?
Agustin  Arbulu
Agustin Arbulu
answered on Jan 25, 2022

This is very interest question and suggests that your fiance wants Head of Household (HOH) status to take advantage of the lower tax rate and higher standard deduction. To qualify for HOH your fiance must:

1. Pay for more than half of your household expenses (such as groceries, rent,...
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3 Answers | Asked in Immigration Law for Iowa on
Q: Eligibility for a transfer of i-485

I have an I-485 adjustment of status pending which was filed through my ex-husband's employment (i-140, EB-2 NIW) (I am a derivative applicant). We applied concurrently i-140 and i-485. Both forms are still pending. We were married for more than 2 years. I divorced my husband and got married... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Dec 12, 2021

I’ll be honest with you; both immigration cases require a licensed immigration attorney. There is no other way to handle it professionally.

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1 Answer | Asked in Real Estate Law for Iowa on
Q: If two individuals own a property, both names are on the deed, do you need permission from both owners to say, hunt?

The property is in Iowa and it is owned by two family members. We just need clarification if permission is needed from both owners before anyone can hunt, fish, or ride four wheelers on the property. Thank you.

Anthony M. Avery
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answered on Dec 3, 2021

Either Tenant In Common can prohibit you from hunting on the property. So it would be much better to get written permission from all owners. One owner might not know about the other giving permission and put you in jail. You want to keep both owners happy. Game Wardens will also want permission... View More

1 Answer | Asked in Family Law for Iowa on
Q: I live in the state of Iowa what does filing the requisite affidavit and proceeding with service by publication mean?

Is there an specific form for filing this petition after receiving approval from the judge/court? I recently just filed a motion seeking official approval to file the petition/affidavit for doing this? Cant find the name of the form that can be filled out and completed.

M. John Riley
M. John Riley
answered on Dec 2, 2021

Google Iowa court forms. The site has legal forms for unrepresented parties.

1 Answer | Asked in Employment Law and Business Law for Iowa on
Q: I’m being asked to sign a non-disparagement agreement in order to collect a severance package.

Are conversations held prior to the presentation of the agreement excluded?

Joseph B. LaRocco
Joseph B. LaRocco
answered on Nov 18, 2021

Non-Disparagement Agreements are being quite common. They are enforceable, however, if no liquidated damages are stated in the agreement it might be quite difficult for the company to prove actual damages if you breach the agreement and say something derrogatory about the company, its officers,... View More

1 Answer | Asked in Employment Law for Iowa on
Q: Can an employer force you to drive a company vehicle when you weren't hired to drive anywhere to begin with

I have been there 11 years and now they are saying I need to run errands in a company car. I have a good driving record however I am always frightened to drive in the winter so I am curious if they can force me to do so when it wasn't part of my job before.

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 16, 2021

Yes, there are no laws that prohibit your employer from changing your job duties at any time, either with or without notice. However, if driving in the winter makes you uncomfortable, it may be worth letting your employer know this and requesting to not drive on inclement weather days.

2 Answers | Asked in Copyright and Trademark for Iowa on
Q: I am interested in using words, short phrases or sentences from lyrics or movie quotes to make signs, tshirts, etc

Is this legal for retail?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 13, 2021

Depends.

You need to consult with an attorney to understand your risks.

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1 Answer | Asked in Divorce for Iowa on
Q: Getting a divorce, what is the wife entitled to?

We own a house. Haven't had it for a year yet. I'm the only one on the mortgage but both our names are on the deed.

M. John Riley
M. John Riley
answered on Nov 12, 2021

In Iowa, the Courts will divide property and debts obtained during the marriage. Therefore, if the house was obtained during the marriage, it could be considered marital property.

3 Answers | Asked in Divorce, Family Law, Personal Injury and Sexual Harassment for Iowa on
Q: Adultery in the state of Iowa

What recourse does a husband have in Iowa if his wife is openly committing adultery and refuses to stop?? The only respite she is offering is a divorce for which the husband has to pay along with losing half of the assets. She is openly mocking him by saying that in Iowa, he is screwed by the... View More

Austin J Luse
Austin J Luse
answered on Oct 11, 2021

Iowa is a "no-fault" state, meaning that adultery, etc., cannot be used against an opposing party in divorce proceedings. Additionally, Iowa is a "marital property" state, meaning that any assets, aside from specific exemptions (including inheritances kept in separate accounts),... View More

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2 Answers | Asked in Car Accidents, Personal Injury, Civil Rights and Small Claims for Iowa on
Q: Can my dads friend come after me for $1100 to fix his truck after accident with a mini bike without an insurance claim?

I was in an accident where I lost control of my friends minibike and hit his dads, friends truck. I suffered a broken wrist due to it and two days after the incident, the guys wife reached out saying the estimated cost to fix the truck was $1100 and that I would rightfully have to pay it because... View More

Tim Bottaro
Tim Bottaro
answered on Oct 6, 2021

If they turned the claim into their insurance company and it was paid, the insurance company would have a right to go after you for reimbursement.

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1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Car Accidents and Legal Malpractice for Iowa on
Q: Definition of/penalties for lawyer perjury when sworn in as a witness in IA.
Tim Akpinar
Tim Akpinar
answered on Oct 9, 2021

An Iowa attorney could answer best, but your question remains open for two weeks. If this involves motor vehicle accident litigation, your selection of categories makes sense. However, this could also be something that an attorney who deals with criminal law/professional conduct matters could have... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Landlord - Tenant for Iowa on
Q: If you was fired from a job can your employer or x employer call your landlord just to tell them you was fired?

They called and told landlord they fired you right after you was fired ..and they did not have any arrangement with one another about letting one another know anything about employment or living arrangement..

Maurice Mandel II
Maurice Mandel II
answered on Sep 22, 2021

This kind of problem is under laws that are specific to each state, and different. This could be an invasion of your privacy or public disclosure of confidential facts. You should consult with a local employment law attorney about this.

1 Answer | Asked in Immigration Law for Iowa on
Q: Regarding h1 b 60 day frace period

My current H1B validity period: 03/2021-03/2024, but my last day for the job is 08/15/2021

I got a new job. The new employer wants to file an H1B transfer petition before 10/15/2021 (within the 60 day grace period) but the start date mentioned in the offer letter is 11/01/2021.

If... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 16, 2021

Each H1b case must have an assigned counsel at no charge retained by the YS sponsoring company, if it is a genuinely credible petition.?

1 Answer | Asked in Traffic Tickets for Iowa on
Q: I am looking for some guidance relating to a "failure to obey traffic control device" ticket

I am looking for some guidance relating to a "failure to obey traffic control device" ticket I received tonight, I was leaving from the store and came to the stoplight and came to a complete stop and looked to my left and saw a vehicle that was slowing down. So I thought that the light... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 22, 2021

You may have been cited for the wrong offense. What you did was a failure to yield, if your state allows right turns on red lights except were posted. Usually traffic is construed very strictly. You might consider a not guilty plea and take your chance at trial or going to Traffic School. You... View More

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