How to Request Hardship Child Support in Iowa
State law in Iowa dictates how child support payments are set. The rules require noncustodial parents to pay a certain amount of income in child support. The laws impose measures that the court system can use to ensure payment and to punish those who fail to make the necessary payments. In some cases, though, parents simply cannot afford to make normal payments due to financial issues. In such instances, noncustodial parents can request a reduction in the amount required. The process requires only a few basic steps.
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Instructions
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Complete and submit an Application for Non-Assistance Support Services. This form is required by the Iowa Child Support Recovery Unit, which administers the child support program in the state. You can visit the CSRU website to obtain an application. You will be required to pay a $25 fee. You are required to include payment records kept by the clerk of the court and a copy of the order establishing the terms of your child support payments.
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Fill out a Request to Modify a Support Order and send it along with copies of your other paperwork to the address shown on the Application for Non-assistance Support Services. The form provides you with an opportunity to explain why you are requesting an adjustment. You must establish that your hardship has lasted at least three months and that it is expected to last for at least three more months. If the order was established within the past 24 months, your net income must have decreased by at least 50 percent.
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Wait for a ruling by the CSRU. It could rule that a court hearing must be held. In this case, you will be served notice of the hearing, which will provide you with an opportunity to establish why you are requesting a hardship adjustment. The hearing will determine whether your order is adjusted.
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Attend the hearing and provide the judge with information about your finances. Be prepared to speak about your hardship situation, including any extraordinary medical expenses that are causing you hardship.
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Produce necessary proof of your hardship. This could include a check stub or letter from an employer noting a mandatory pension, copies of checks paid for medical support provided to other children from other orders, proof of legal obligation to care for a dependent child who is not served by the order, or proof of alimony or child support payments that are not processed through CSRU.
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Wait for a ruling by the judge. The court could rule that day or continue the hearing pending the need for additional information. You must continue to meet the requirements of the original order unless a judge establishes a new order.
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Tips & Warnings
Consider contacting an attorney to help you with the process of requesting a hardship reduction in child support payments. You also have the option of representing yourself. According to the Iowa Child Support Recovery Unit, its attorneys represent the State of Iowa and do represent the interests of either a custodial or noncustodial parent.
You might need to pay a sheriff's or process server's fee in order to make your request to modify a support order. The custodial parent receives a copy of your request. Generally, there is a $30 fee in Iowa for serving such documents. Check with your county's court clerk for specific information for your county.
Be aware that a review does not guarantee that your child support payments will be reduced. In fact, they could be increased if your proof of hardship is insufficient.
