child-support

Waterloo, Iowa Family Law Attorneys Fight for Fair Child and Spousal Support

by with No Comment Family Law

Enforcing Iowa child support and alimony rules

The experienced family law attorneys at Gallagher, Langlas & Gallagher, P.C. understand the turbulent undercurrents in child support and spousal support disputes. Whether you are being shortchanged or taken to the cleaners, we stand up for your right to be treated fairly throughout the process. We have provided sound legal advice to residents of Waverly, Waterloo and the surrounding areas for more than 60 years, and we can help you navigate the family court system so you can get on with your life.

How is child support calculated in Iowa?

Parents in Iowa have a legal obligation to support their children until they either graduate from high school or reach age 19. The amount of a parent’s child support obligation is determined by applying the uniform child support guidelines prescribed by the Iowa Supreme Court to the family’s theoretical combined income. The stated purpose of the guidelines is to provide for the best interests of the children by recognizing the duty of both parents to provide adequate support for their children in proportion to their respective incomes.

Exceptions include providing for a child beyond age 19 who is physically or mentally disabled. Likewise, a court may deviate from the guidelines if an adjustment is necessary to provide for the needs of the children and to do justice to both parties under the special circumstances of individual cases. A knowledgeable attorney at a divorce law firm can help you understand if adjustments to the guidelines apply in your case.

How much spousal support can I get, or do I have to pay?

Receiving alimony is not an automatic right like child support. The court looks at each case individually to see if alimony should be awarded. Either spouse can request spousal support when filing for divorce. The amount of spousal support and whether support is needed at all depend on several factors, such as availability of resources, duration of the marriage, age, health and earning ability. There is no definite formula or minimum or maximum amount that can be awarded for spousal support in Iowa. Rather, each case turns on its specific circumstances.

Can I change a support order?

A Waterloo divorce lawyer can help you ask the court to modify a support order if there is a substantial change of circumstances. When determining whether a substantial change of circumstances has occurred, the court considers various factors, such as:

  • Changes in the employment, earning capacity, income or resources of a party
  • Receipt of an inheritance, pension or other gift
  • Changes in the medical expenses of a party
  • Changes in the number or needs of dependents of a party
  • Changes in the physical, mental or emotional health of a party
  • Changes in the residence of a party
  • Remarriage of a party
  • Possible support of the party by another person
  • Changes in the physical, mental or educational needs of a child
  • Contempt by a party of existing orders

Get dependable advice from compassionate attorneys

Gallagher, Langlas & Gallagher, P.C. provides dynamic legal representation for spouses in divorce. Serving the Waterloo and Waverly area for more than 60 years, we deliver reliable results with personal care tailored to your needs.

claims

Esteemed Waterloo Lawyers Advocate for You in the Iowa Judicial Review of Your Workers’ Comp Claim

by with No Comment Workers’ Compensation

Overcoming obstacles for denied claims for more than 60 years

Since 1951, the lawyers at Gallagher, Langlas & Gallaher, P.C. have vigorously advocated for workers who were denied workers’ compensation, unemployment or health insurance benefits. We understand that your physical, occupational and financial stability is at stake, and the foremost goal of our experienced attorneys is to partner with you to resolve your legal challenges so that you and your family can be secure. We are not afraid to fight for your rights.

What is judicial review, and how does the process work?

Under Iowa law, if your workers’ compensation claim has been denied, you have the right to appeal denial decisions through the Iowa Workers’ Compensation Commission. In the event that the commission’s decision isn’t favorable to you, we can help you petition the Iowa District Court for judicial review of the matter. In the case of judicial review, the court reviews the findings of the commission and renders a decision in accordance with Iowa law relevant to workers’ compensation matters. If the district court’s ruling is not in your favor, you have the right to appeal. If the court of appeals doesn’t help you, you can go all the way up to the Iowa Supreme Court if necessary. The knowledgeable and skilled attorneys at our personal injury law firm work with you in navigating the process. We help you understand each step and help you determine your best options.

How long do I have to file a petition for judicial review?

You have 30 days after the denial decision by the Iowa Workers’ Compensation Commission, which is a final agency decision, to file a petition with the Iowa district court for review of the commission’s findings. Our Waterloo attorneys have decades of experience in assisting clients with petitions for judicial review and representing our clients’ interests thoroughly and with personable attention. It is important to act quickly after your claim is denied. We are prepared to review the decision and determine how to effectively and efficiently fight it. With us by your side, you can fight for your rights with confidence.