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Iowa CS question

docco11docco11 member
in Blended Families

I am posting this for my sister as I know several of you have CS wrote in the state of Iowa.  Her and her husband were divorced in October and CS was wrote that her XH was responsible for 50% of daycare plus $300/month.  My sister qualifies for assitance from the state on daycare, so, her and her ex split the difference, which is about $20 a month each. 

Her ex hasnt paid a dime in CS to her yet, saying that he has had to make sacrafices, so should she. (?) Not sure why he thinks its ok to not pay CS as ordered by the judge.  It's for his daughter, not my sister, and $300 a month is pretty low in comparison to what he could have had to pay.  He has another D with an ex that his CS is garnished from his paycheck bc of refusal to pay.  He's been through this before and should understand how the system works. 

Question is, how long does it take before the courts will consider him to be in comtempt and order his check to be garnished?  She obviously brought her attorney in but wanted me to ask around and see if anyone had any insight as to how long this process may take.

TIA!

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Re: Iowa CS question

  • lookame3639lookame3639 member
    I know your asking for those in Iowa but in my state of she is on assistance then it automatically gets garnished from his wages. It takes a few months to get it set up through his employer though. Also in my state I believe he has to be about 1500 in arrears before anything is done.
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  • jenjen930jenjen930 member

    In Indiana the CP can choose to have it withheld from income right from the start.  I know every state is different, but maybe she should ask her lawyer if this is an option? 

    Also - if the NCP is in arrears more than $500 their income tax return gets intercepted.  Something else to think about.

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  • SimpleJaneSimpleJane member
    imagejenjen930:
    In Indiana the CP can choose to have itnbsp;withheld from incomenbsp;right from the start.nbsp; I know every state is different, but maybe she should ask her lawyer if this is an option?nbsp;
    Also if the NCP is in arrears more than 500nbsp;their income tax return gets intercepted.nbsp; Something else to think about.


    Same in my state, although it may be different there. Have her lawyer check into what they can do to garnish his wages.

    Like PP said, if she's on assistance I'm surprised they haven't come after him yet. I got assistance for three months after DS was born, it was before XH and I married and we were broken up from the time I was 6 months pregnant until DS was 3 months old. They came after him immediately and garnished his wages, they put a certain amount toward payback of the assistance I recieved for DS, and sent the rest to me for CS.
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  • docco11docco11 member
    Great, thanks for all of your help.  She's only been on the assistance for a month so hopefully they can act quickly.  He has the money, he makes nearly 5 times what she does,  so I am unsure of what his reasoning is. 
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