At Miller & Evans, PLC, we provide experienced legal representation for individuals and families throughout Des Moines and Central Iowa. Whether you are facing divorce, a custody dispute, child support concerns, or other family law matters, our attorneys are committed to helping you protect what matters most and move forward with confidence.
Divorce can be a legally complex and highly emotional process, typically filled with internal and external conflict, especially when children are involved. Our approach is to address our client’s needs and concerns on an individual basis, and attempt to amicably and respectfully support our clients through one of the most difficult times of their lives, while also zealously representing their legal interests.
Divorce, also called a “dissolution of marriage,” is the legal termination of a marriage. Whether contested or uncontested, the divorce process can be a complex legal process, addressing issues such as: legal custody, physical custody, child support, spousal support or alimony, visitation, distribution of assets, and sometimes paternity. Typically, the more issues to be addressed, the more complex the process becomes.
It is not uncommon for those considering a divorce to have fear and apprehension. As such, we have provided answers to the most commonly asked questions from those filing for divorce. Please click here to be taken to our Q & A page.
If you and your spouse would like to try collaborative divorce, a process that strives to preserve the emotional and financial resources of the family while achieving an agreement that considers and respects the welfare of everyone in the family, you can find out more here.
To determine which parent or family member will have custody of children or to create a visitation schedule, a custody action may be brought. Determining which parent makes final decisions or whom the child will primarily live with is of the highest importance to almost every mother and father. As such, the process can be emotionally draining and stressful, especially if custody is disputed.
Issues typically addressed in a custody action are:
Unless there is a history of domestic abuse, courts tend to grant joint legal custody, which means both parents have the opportunity to take part in decisions that affect their children. Although there has been a recent trend by courts to grant shared physical care, courts still typically grant primary physical custody to one parent with visitation rights to the other. The resolution of the action is dependent on several factors which the court considers, but ultimately, the best interest of the child is paramount to the court’s decision.
Custody disputes are complex and challenging for all parties. For answers to the most commonly asked questions from those filing custody actions, please click here to be taken to our Q & A page.
To get an idea of what child support may be awarded in your case, you can use this calculator, or the Child Support Recovery Unit’s calculator.
You will be required to attend a Children in the Middle class. Qualifying classes can be found here.
Child support and spousal support, or alimony, address the financial issues relevant in divorces and custody proceedings. Generally, child support and alimony tend to be high-conflict issues because they relate to each party’s financial security.
In almost every action in which custody of minor children is at issue, the court will require one party to pay child support to the other party. The court requires each party to submit a Child Support Guideline Worksheet, which calculates the amount of support owed. Typically, the parent with primary physical care receives the support payment in a primary care situation, whereas the parent who makes less money typically receives the support payment in a shared care situation. Although uncommon, deviations from the guidelines are allowed, but only after a showing of special circumstances warranting the deviation.
There are three types of alimony awarded in a dissolution: traditional; rehabilitative; and reimbursement. Each type has a specific purpose – self-support, retraining or re-education, and fairness or equity. When determining the amount and duration of alimony, the court considers the 10 factors laid out in Iowa Code § 598.21A. For the most part, the decision to award alimony is ultimately up to the discretion of the judge.
Child support is addressed in every case in which custody are in issue, and spousal support is almost always disputed. For answers to questions related to child support and spousal support, please click here to be taken to our Q & A page.
Child support is normally collected through the Child Support Recovery Unit.
To get an idea of what child support may be awarded in your case, you can use this calculator, or the Child Support Recovery Unit’s calculator.
Paternity actions can either establish or disestablish the paternity of a child’s father, thus affecting his parental rights and responsibilities. Establishing paternity of an alleged father may allow mothers to collect child support and medical support and fathers to receive visitation rights.
Ways to establish legal paternity for a child:
If paternity has been established by one of the methods mentioned above, a genetic test (“paternity test” or “DNA test”) may be ordered to disestablish paternity. Either party may petition the Court to disestablish the father’s paternity. Despite the results of the genetic test, the Court ultimately decides whether the father’s paternity will be disestablished.
Paternity is a complex issue affecting the rights and responsibilities of both mother and father. As such, we have provided answers to the most commonly asked questions from those filing paternity actions. Please click here to be taken to our Q & A page.
