Divorce Alimony in Iowa
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Criteria for Divorce Iowa Alimony
The courts in this state issue orders of payment of alimony for a limited or indefinite time period. This is done only after due speculation of the following criteria.
- The terms of the prenuptial agreement (also known as ante nuptial agreement)
- If the spouses had made any mutual agreement stating that one party should make service or financial contributions in the marriage and these would be compensated or reciprocated by the other party in the future
- The consequences of tax for each party after alimony orders are issued
- Is it a practical idea that the spouse to whom alimony would be given would become self dependent in the future to an extent that this spouse can experience the standard of living that was present in marital life? If yes, the number of months or years to realize this idea
- The earning potential of the person seeking alimony, after considering the following
- Training
- Employment skills
- Work experience
- Duration of absence from employment
- Responsibilities of child with respect to physical care or custody
- The period and expenditure essential for this person to attain adequate education and training to be aptly employed
- The educational level of both spouses when they were married and when the divorce petition was filed
- The orders for disposition of property under section 598.21
- Mental health, physical health and age of both spouses
- The duration of marital life
Preservation of records in Divorce Iowa Alimony
It has been often observed that post divorce, the IRS (Internal Revenue Service) challenges or the spouses have conflicts regarding the alimony payments that have been practically paid or received. If there is absence of preservation of records, this may impact alimony tax deduction and / or the payer may be required to disburse support. Hence, it is advisable to maintain the following records.
Payer
- If the payment is made in cash, then a receipt that has the signature of the recipient
- Photocopies of original checks used for disbursing money - ensure that every check bears the name of the month for which payment is being made
- A roster having details of every spousal support payment like date, check number, place where sent
Recipient
This person must prepare a list that comprises of the following data.
- If the payment was made in cash, a copy of any receipt that has been signed
- A photocopy of the money order or check
- Name of the bank from which the check was drawn or money order was issued
- Account number on which the check was written
- Check number or any other document for identification (like the number of the money order)
- The received amount
- The date on which payment was received
Modification of Iowa Alimony
The courts may alter the alimony orders when there is considerable change in circumstances of the divorced spouses as compared to the circumstances on the date of the divorce decree. The following occurrences are regarded as an alteration in circumstances.
- A juvenile court has issued an order as per which the physical care or custody of a child is allocated to a party who is supposed to disburse child support
- Either party is guilty of contempt of court
- Alteration in the educational, emotional or physical requirements of a child whose support is presided over by the order
- One of the spouses is supported by a third person
- One of the spouses remarries
- Either partner changes residence
- There is a change in the number of dependents of a spouse
- The medical expenditure of a partner changes
- Either spouse shows the receipt of a gift, pension or inheritance
- There is some change regarding the resources, income, earning potential or employment of either spouse
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