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Iowa Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Iowa on
Q: Does my husband still have to pay medical expenses for his daughter? She is 18 and he no longer pays child support

His ex wife insures her on her health plan. His daughter is employed full-time as well

T. Augustus Claus
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answered on Nov 7, 2023

Parents are generally responsible for the medical expenses of their minor children. However, once a child turns 18, they are considered an adult and are responsible for their own medical expenses.

Unfortunately, due to the nature of internet questions and responses, the information provided...
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1 Answer | Asked in Divorce and Family Law for Iowa on
Q: Can a wife get the house even if the husband bought the house while they were just engaged? Married 20 years

And she pays bills at the home and has lived there the whole time.

T. Augustus Claus
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answered on Sep 20, 2023

In Iowa, the division of assets during a divorce is based on "equitable distribution," aiming for a fair distribution rather than an equal one. While properties acquired before marriage are usually seen as separate property, the situation you described has complexities. The house,... View More

1 Answer | Asked in Family Law, Juvenile Law and Legal Malpractice for Iowa on
Q: How do I find a lawyer pro bono that will fight against dhs for my family and reunification. The laws are being broken!!

My boys were wrongfully removed... We got evicted and they were removed 2 months later! In November it will be a year this case open and we have tried to fight them and show them the proof that placement is lying and abusing our children! My babies want to come home.. my husband has done... View More

John Michael Frick
John Michael Frick
answered on Sep 6, 2023

Most pro bono legal services are provided through local legal aid clinics. These clinics have the training and resources to screen potential clients for indigency and to complete the necessary paperwork for those clients to proceed in court in forms pauperis. Many legal aid clinics handle cases... View More

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Iowa on
Q: Who do I contact when dhs boys town and the gal won't do anything about my son being touched by the foster care family.
T. Augustus Claus
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answered on Sep 6, 2023

If you suspect that your son has experienced abuse or inappropriate conduct while in foster care, it's crucial to act swiftly and decisively. Begin by reporting the incident to the appropriate authorities, such as your local law enforcement agency or the Iowa Department of Human Services... View More

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1 Answer | Asked in Family Law for Iowa on
Q: I live in Iowa. Me 17, partner 22. My parents disapprove of her and she doesn’t know. My parents are threatening to call

The police if I keep going out with her. I go out with her in secret sometimes because I know they’ll say no. Can they call the police? And if they did what would happen? They said they would call if they ever find out I go to her house ever again.

T. Augustus Claus
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answered on Aug 28, 2023

In Iowa, the legal age of consent for sexual activity is 16. Since you mentioned you are 17, engaging in a consensual relationship with your partner, who is 22, might not necessarily lead to criminal charges based solely on age.

However, if your parents disapprove of the relationship and...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Iowa on
Q: Can you lose custody of your children if you live with your cousin
Janell K Broekemier
Janell K Broekemier
answered on Nov 29, 2023

A Court will often look at the best interests of the child when determining whether a parent should be awarded custody or retain custody in a modification. If you are awarded custody in a prior court order, the burden for changing custody is often much higher. Each case is unique. Whether a... 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.

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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1 Answer | Asked in Criminal Law and Family Law for Iowa on
Q: If I were to attempt suicide while pregnant in the state of Iowa would I get in trouble
Katherine Sears
Katherine Sears
answered on Apr 21, 2021

If you attempted suicide and *succeeded,* you would be dead. Can't really get in trouble if you're dead, right?

That you're asking this question therefore suggests that you're considering "attempting" suicide *without* succeeding. (I'd call that more of...
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1 Answer | Asked in Child Custody, Child Support, Education Law and Family Law for Iowa on
Q: My ex wife has sole custody of our son in wi, I live in Iowa I have had him this school year beside him going to his

Moms a couple of time. On top of this I am paying for child support what should I do

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 8, 2020

If the child is going to remain with you, then the appropriate steps would be to;

1. File a Motion to terminate with Court who currently has jurisdiction over the case.

2. Transfer the existing case to your state of residence by Registering the order in the state court in your...
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1 Answer | Asked in Family Law and Military Law for Iowa on
Q: What rights do I have after my dad passed away

My aunt bullied me out of everything

Tim Akpinar
Tim Akpinar
answered on Nov 9, 2020

I'm sorry for your loss. Your post remains open for three weeks. You may want to consider reposting under the Iowa Probate and Estate Planning sections. There's no guarantee all posts are picked up, but attorneys in those categories would be able to offer the most meaningful input. Good... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Iowa on
Q: my soon to be ex wife has let a multiple time felon move in before divorce is over. can i get custody of my children

boyfriend is on probation currently for 2 felonies. has a very extensive history of drug and alcohol charges, arson, burglary, theft, owi's. most recent charges almost 1 year ago. im concerned for my children. can i get full custody of them, or what is my best process? can i file to not have... View More

Austin J Luse
Austin J Luse
answered on Nov 5, 2020

Do you currently have an attorney for the ongoing divorce? Or has this divorce process not yet started? If you have not retained an attorney or started the divorce process, I advise seeking one ASAP and having them file for divorce. From there, after some administrative hoops are jumped through... View More

1 Answer | Asked in Divorce, Estate Planning and Family Law for Iowa on
Q: Does my ex have any entitlement to my inheritance if we have been divorced for four years? We were married for 20 years.
Nina Whitehurst
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answered on Apr 16, 2020

No. Your ex would not have any entitlement to your inheritance even if you were still married. However, if you still owe your ex anything for support or division of property or anything like that, your inheritance will be a collectible asset if it is given to you outright. If your inheritance... View More

1 Answer | Asked in Family Law for Iowa on
Q: how much does it cost to file a dissolution of marriage in Iowa
Erik Steven Fisk
Erik Steven Fisk
answered on May 8, 2018

$185.00. You could also find this out on iowacourts.gov

1 Answer | Asked in Family Law and Juvenile Law for Iowa on
Q: I just turned 17 and my father is constantly threatening to kick me out and its happend before. what are my options?
Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 4, 2017

Legally none. At least not as you've described the situation. Practically you could try doing what he says. After all isn't he paying the bills.

1 Answer | Asked in Estate Planning, Family Law and Legal Malpractice for Iowa on
Q: Q: Both my aunt and only cousin passed away, cousin in 2005, aunt in 2006. I am the only living relative and in wills.

The estates were probated and settled. Years later a number of trust accounts have appeared as Iowa unclaimed property. The accounts have been mostly depleted with some positive balance.

Q 1. Who is responsible for the error?

Q2. If the accounts were valued more at the death of... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 19, 2017

If there were a TRUST at the time of passing, the successor Trustee should have managed this -- it would NOT have gone through or been the responsibility of the Estate representatives.

This highlights the importance of people keeping their records in order to insure their heirs will know...
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1 Answer | Asked in Family Law and Child Custody for Iowa on
Q: Iowa. Ex left state with children. No court custody arrangement. I'm on the birth Certificates. What to file?..No money
Jesse Michael Marzen
Jesse Michael Marzen
answered on Apr 28, 2017

There are resources available to help you. For starters, the Iowa Judicial Branch has forms available for folks to represent themselves. Link: http://www.iowacourts.gov/For_the_Public/Representing_Yourself_in_Court/DivorceFamily_Law/Forms/index.asp Also, the Iowa State Bar Association has a... View More

1 Answer | Asked in Divorce and Family Law for Iowa on
Q: If items are in my fathers name and my name, can his wife take those items in a divorce?

My fathers wife is greedy. She kissed our butts while they were dating. The moment they were married it all changed. She had him do everything for her and her kids. She has 4 kids whom have significant others, 8 grandchildren and 1 great grandchild. She pays for anything they ask for. Her 1st... View More

Jesse Michael Marzen
Jesse Michael Marzen
answered on Apr 27, 2017

Your step-mother may, or may not, be able to take the items that are listed in yours and his names. It depends on when the item was purchased, and how title to that items got into your and his names. If the item was purchased before he and your stepmother were married, then it is... View More

1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for Iowa on
Q: Can person "sell" their own property to their girlfriend/boyfriend in a domestic situation?

Man owns a mobile home. His mother and girlfriend live in the same home. His girlfriend pays rent and other bills. His mother does not. His mother attacks his girlfriend and he gets in the middle to prevent more physical harm to the girlfriend. Mother calls cops. Cops arrest man. Can man sell his... View More

Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 23, 2017

It is not necessary to sell your mobile home in order to evict your mother. There is an eviction process which a lawyer can help you with. The lawyer is allowed contact with the protected party and can therefore effectuate the eviction.

1 Answer | Asked in Family Law and Criminal Law for Iowa on
Q: Is it illegal for my mom to threaten to kill herself in front of me? I am 13
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 17, 2017

It is probably not illegal for your mom to threaten to kill herself. If she threatened you, that would be illegal. However, you might considering calling a suicide prevention hotline and asking for help. The police may also be able to help.

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