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Addressing Overwhelming Alimony and Child Support Payments

This legal question related to Divorce attorneys in Des MoinesIowa has been answered.

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Location: Des Moines  |  Law type: Divorce attorneys
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how can a judge tell the man to pay $7,000 a month ($4000 alimony and $3000 childsupport). This leaves him pennyless.

I'm writing in regards to my son. He is working 7 days a week to pay his wife alimony and child support $7,000 a month, since January 2021. 

He has been working on the road,  even before they were married. Their first child was born before they were married in 2004 and she has even told him that this child is not his. Can he get out of paying child support for this one? They have 2 other children. She is capable of working. They have been married since April 2014. 

He cannot afford this. His current attorney isn't even fighting for him. I'm going to have to sell my house and be homeless, to keep him out of jail. 

He filed for divorce because she beats the oldest child and she has been cheating on him. She cleaned out his checking account as well.

Legal Solution

The response provided below is specific to Divorce attorneys in the jurisdiction of Des Moines. If the response is inadequate, please submit a detailed inquiry.

Addressing Overwhelming Alimony and Child Support Payments

Contextual Analysis: It appears that your son is burdened with high alimony and child support payments, leading to significant financial strain. Additionally, there are concerns related to the paternity of one child and the mother's behavior, both in her personal relationship and towards the children.

Relevant Legal Statutes for Divorce and Child Support in Des Moines

  • Iowa Code Chapter 598 - Relates to dissolution of marriage and domestic abuse
  • Iowa Code Chapter 252A - Concerns child support
  • Iowa Code Chapter 252F - Covers the collection and enforcement of child support For detailed information, consult the Iowa Legislature's official website.

Potential Solutions

  1. Child Paternity Test: If there's doubt about the paternity of the eldest child, a DNA test can determine biological fatherhood. If proven he isn't the father, he may petition the court to modify the child support order.

  2. Modify Child Support and Alimony: If your son's financial circumstances have substantially changed since the original order, he can request the court to adjust the payments. Documentation of his income, expenses, and any changes in the child's needs will be crucial.

  3. Representation: Consider consulting with a different divorce attorney who will vigorously represent his interests. An attorney will guide him through the process and ensure that his rights are upheld.

  4. Document Everything: Gather evidence of any abuse or mistreatment by the mother. This could play a role in both child custody and potential modifications to the support agreement.

Legal Fees in Des Moines

Service Average Cost
Initial consultation with divorce lawyer $250 - $500
Full representation in child support case $2,500 - $5,000
DNA Paternity test $400 - $800
Child custody case representation $3,000 - $6,000
Alimony case representation $2,000 - $4,000

Note: These prices are average estimates and may vary based on the specifics of the case and the experience of the attorney.

Seeking Further Clarification

It's essential to get a comprehensive understanding of the entire situation. Do you have any documents related to the original court orders? Details about the attorney's actions or advice can also provide clarity.

Take Action: Ensure that your son's rights and financial well-being are protected. It might be beneficial to compare lawyers in your area to ensure he has the best representation possible.

Questions for Further Insight

  1. Has your son ever taken a paternity test for the eldest child?
    • This is crucial for verifying his legal obligations to the child.
  2. Are there any documented instances of the mother's abuse or infidelity?
    • Evidence can be vital if seeking a change in child custody or support.
  3. What were the reasons given by the court for the current support amounts?
    • Understanding the court's rationale can help in planning a strategy for modification.

Frequently Asked Questions in Des Moines for Divorce Cases

How is child support determined in Des Moines?

Child support is typically based on both parents' incomes, the number of children, and the custody arrangement.

Can alimony be modified after the divorce is finalized?

Yes, if there's a significant change in financial circumstances, a party can request the court to adjust the alimony payments.

What are the criteria for contesting paternity?

The father can challenge paternity if he believes he's not the biological parent, but it's essential to act promptly, and there might be legal implications for delaying.

How are assets and debts divided in a divorce?

Iowa is an "equitable distribution" state, meaning assets and debts are divided fairly, but not necessarily equally, based on several factors.

What can be done if one parent is not adhering to the child custody arrangement?

Violating a custody order can have legal consequences. The concerned parent can petition the court to enforce the order or even modify custody based on the other parent's actions.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Addressing Overwhelming Alimony and Child Support Payments" has been changed 1 year 4 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Des Moines & area of law: Divorce attorneys.
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