child support modification

[asil8170]

What is the name of your state (only U.S. law)? Iowa
I need some help with a CS modification trial that I'm doing on my own. I've spent days searching the internet for information and I'm more confused now than when I started. A trial date has been set and I've written out a bunch of questions I want to ask during that trial BUT what should I be doing between now and then? There's a bunch of info that I'd like to get from my ex beforehand but I'm not sure how to go about it. I know that this process is called "discoveries" but I was wondering if there are certain forms that I need to request this info and, if so, where can I get these forms? Thanks for any help you can give.

 

[mistoffolees]

What information do you need? In general, you simply list the documents that you want the other side to provide. They must be relevant, based on the state guidelines:
https://secureapp.dhs.state.ia.us/childsupport/changechildsupport/asppages/CSChdEst.asp

You may be able to find the forms you need here:
Iowa Judicial Branch

 

[asil8170]

Mostly, I need to see his financial statement, tax returns and pay stubs. If it's possible, I'd also like to know what he spent on his step-daughter's college tuition as compared to our kids. That might be wishful thinking, though.

 

[Just Blue]

Mostly, I need to see his financial statement, tax returns and pay stubs. If it's possible, I'd also like to know what he spent on his step-daughter's college tuition as compared to our kids. That might be wishful thinking, though.

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[Just Blue]

After perusing your posting Hx, you really need to hire an attorney to deal with any legal issue.

 

[mistoffolees]

Mostly, I need to see his financial statement, tax returns and pay stubs. If it's possible, I'd also like to know what he spent on his step-daughter's college tuition as compared to our kids. That might be wishful thinking, though.

Tax returns and pay stubs? Sure.

College tuition for stepdaughter compared to other kids? Not a chance in the world. And stop being so jealous.....

 

[asil8170]

College tuition?????????? Just thought that by showing what he has paid for step-daughter would be a way of proving what he is capable of and "willing" to pay even though he has refused to help his own twin sons. Step-daughter attends out-of-state college, received no scholarships and her mom doesn't work so pretty sure that my ex is paying. Not jealous, just don't think it's very fair. Also, can I ask for bank statements?

 

[mistoffolees]

College tuition?????????? Just thought that by showing what he has paid for step-daughter would be a way of proving what he is capable of and "willing" to pay even though he has refused to help his own twin sons. Step-daughter attends out-of-state college, received no scholarships and her mom doesn't work so pretty sure that my ex is paying. Not jealous, just don't think it's very fair. Also, can I ask for bank statements?

Get an attorney. You're letting your emotions run things.

There is no law that a parent has to give equal amounts of college tuition to different kids. In fact, there are lots of good parenting reasons why the amounts paid for different students might vary. For example:
- One student is a straight A, valedictorian who is driven to get a good education and has an opportunity to attend an ivy league school while the other student is a slacker who has no desire to make anything of himself and is simply going to school so he can party for 4 more years at parent's expense.

or

- One student has their heart set on some field of study which is only offered at some selected expensive schools (or the best programs happen to be at some selected schools) and this student is comfortable moving across the country. Meanwhile, other student is interested in elementary education where it doesn't really matter much where you get an education - and is scared to death of leaving the town they live in which has an adequate state school.

There are lots of other scenarios, but it's irrelevant. Unless the court order specifically says otherwise, he has no obligation to pay ANYTHING for college. And if the court order addresses it, he only has to pay what the court order says he is to pay.

Besides, how do you know that he's paying for SD's education? Maybe other relatives are paying for it. Or maybe she got scholarships and loans and simply didn't tell you (and, frankly, discussing finances with you would clearly be a bad idea).

Drop it. It's none of your business and your jealousy will hurt you and your kids in the long run.

 

[asil8170]

What about bank statements? Can I ask for them?

As for a lawyer...just can't afford it. If I could, I wouldn't be here.

 

[mistoffolees]

What about bank statements? Can I ask for them?

As for a lawyer...just can't afford it. If I could, I wouldn't be here.

You can ask for anything you want - including his shoe size and his favorite food. That doesn't mean that you'll get it.

Of course, he may just give you whatever you ask for. But if he objects, you're going to have to convince the court that you need the information you're requesting. So why do you need his bank statements? Child support is based on his income and not his expenses (other than a few allowable deductions shown in the CS calculator I gave you above). What information do you need from his bank statement that you can't get from his tax return or pay stubs or insurance bills?

I haven't mentioned it before, but why are you asking for a modification in child support? There must be either an income change or a significant amount of time elapsed since the last modification:
Iowa Child Support Modification | eHow.com
What is your basis for asking for a modification?

And if there IS a basis for a modification, why are you doing it yourself? Even if you can't afford an attorney, asking for a modification through the state child support office will be easier than doing it yourself - and probably less error prone.

 

[asil8170]

Why CS modification? It's been 7 years since the divorce and CS has never been modified. Cost of living for teen-agers far exceeds what it was for elementary age children. Before divorce, his income was over $300,000. By the time we went to court, he decreased his income to $175,000 by discontinuing all the procedures he used to do. He began doing those procedures again a few years ago, although he told he hadn't. As for not going through Dept of Human Resources/Child Support...I tried. They told me that since his income is over the state "cap" it would have to go before a Judge.

 

[asil8170]

So, now I know what documents I need but I still don't know if there is a specific form, document or format that I need to use. I'm using a packet from the iowacourts.gov website and there is a "Motion" form in there and was wondering if I can use that to ask the court to request production of documents?

 

[Silverplum]

I've seen no consideration of the FATHER of your X's stepdaughter. Perhaps HE paid a goodly chunk of tuition.

Not that it matters...

 

[CSO286]

So, now I know what documents I need but I still don't know if there is a specific form, document or format that I need to use. I'm using a packet from the iowacourts.gov website and there is a "Motion" form in there and was wondering if I can use that to ask the court to request production of documents?

While you are outlining the items you are requesting re parenting time/support/etc, ask that the court also grant your request and order the other party to produce X,Y, and Z financial docs to aid the calculating fair and appropriate child support.

 

[asil8170]

Thanks CSO286, but HOW do I do that? Is there a certain form?
As for step-daughter's dad...he's taken bankruptcy twice and I'm pretty sure that he has NO money to pay tuition. Anyway, that issue's been put to bed I think.