How to Figure Alimony Payments in Iowa
Unlike child support guidelines, most states do not use alimony or spousal support guidelines. Although child support is a mandatory obligation, and all parents have a legal duty to support their minor children, alimony or spousal support is not. In Iowa, the Iowa Code establishes the legal factors that courts use when deciding whether alimony is appropriate. When divorcing spouses request alimony from Iowa courts, judges use Iowa Code Section 598 to guide their decisions. Iowa law requires courts to consider the length of the marriage, tax implications, prenuptial agreements, the relative education, income and earning capacity of each spouse and their ages, mental and physical health.
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Instructions
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Review your property settlement agreement. An Iowa court will not award it absent a request. If your property settlement agreement does not include an alimony provision, you will not receive it unless you file a motion to modify your existing agreement.
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Review your divorce decree or separation order. Although you may have included an alimony provision in your separation agreement, unless a court actually orders that your former spouse pay it through a binding order, he is not legally obligated to do so.
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Calculate your monthly payment pursuant to your divorce or support order. If an Iowa court awarded you temporary alimony, multiply the number of years awarded by your monthly spousal support award.
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Tips & Warnings
Pursuant to Section 598.11 of the Iowa Code, you may receive temporary alimony. If you are currently separated but not divorced, you may file a motion for temporary alimony. Iowa courts can order temporary child support or alimony while your divorce is pending.
If an Iowa court awarded indefinite alimony, your alimony payments will continue on a permanent basis until you pass away.
According to the Internal Revenue Code, the Internal Revenue Service will tax your alimony payments but allow your former spouse to deduct his payments if pursuant to a binding order or written agreement.
