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Iowa Family Law Questions & Answers
1 Answer | Asked in Divorce, Legal Malpractice and Family Law for Iowa on
Q: My ex-spouse died 2 years ago and my divorce attorney had not sent a correct QDRO form for a GE Retirement fund.

My lawyer has admitted guilt but the insurance lawyer has given me the run around for the past 2 years. My exes wife received the money instead of me. I just want what I'm owed, approx 75K. How do I proceed?

Erik Luthens
Erik Luthens
answered on Oct 23, 2024

How did your attorney “admit guilt?” If your attorney alerted his/her professional liability insurance carrier of the situation, you should have been reimbursed by now. Generally speaking, the statute of limitations for pursuing a legal malpractice claim is five (5) years from when you know... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for Iowa on
Q: I need assistance to get my God son to either my care or "?". Crupt CPS and DHS here in Hamilton county Iowa

i am a god parent and mentor for my best friends son he 14 years old .dhs an cps kidnapped him from home under faules accusations he has been bounced around from foster care to foster care . he has slight case of Autism hes very intelligent and know whats going on . He has told his lawyer and dhs... View More

James L. Arrasmith
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answered on Jun 1, 2024

It sounds like you are deeply concerned about the well-being of your godson and want to provide him with a safe and loving environment. To address this situation, you may need to take several steps to advocate for his best interests. Start by documenting everything, including your godson's... View More

1 Answer | Asked in Estate Planning, Family Law, Tax Law and Collections for Iowa on
Q: Could someone help with tax audit concerns and potential either fraud or actual Bonds and assets owed to me or family?

I'm in a very compromising concerning tax situation this year for 2023 apparently I have been investor IRS tax fraud as a beginning 2019 tax return 2020 and 23 I did file my tax return for 23 where was then audited and still currently being audited for tax fraud and investigation I don't... View More

James L. Arrasmith
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answered on Apr 15, 2024

It sounds like you are dealing with a complex and stressful tax situation. Here are a few suggestions for next steps:

1. Gather all relevant tax documents and records, including past returns, W-2s, 1099s, receipts, etc. Having everything organized will help in addressing the audit....
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1 Answer | Asked in Family Law and Juvenile Law for Iowa on
Q: Are there any legal consequences if me 17M and my girlfriend 22F, have a kid?

I’m turning 18 early July. I’m asking as if she got pregnant now.

James L. Arrasmith
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answered on Feb 23, 2024

If your girlfriend were to become pregnant while you are still 17 and she is 22, there could be potential legal consequences depending on the laws in your jurisdiction. In many places, the age of consent for sexual activity is 18, so if you engaged in sexual relations before reaching that age, it... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Iowa on
Q: I want my kids and my house I don’t deserve this he does

i I have been with my husband 15 years married ten. The last two he started being abusive and I filed for a protective order against him. He didn’t obey the orders so I left the house and tried to get on my feet starting at the bottom. I got a 1 bd apt and he won’t let me see the kids he says... View More

James L. Arrasmith
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answered on Feb 4, 2024

I'm sorry to hear about your difficult situation. In cases of domestic violence and child custody disputes, it's important to prioritize the safety and well-being of both you and your children. You have rights in this situation, including the right to seek legal help.

You may want...
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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 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 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.

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