termination of assignment of support payments mean

What You Need to Know about Legally Terminating Your Child Support Payments

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A non-custodial parent can legally stop child support payments, but the order must come from the court. This is why it’s so important to discuss the matter with your attorney before stopping your child support payment.

When parents legally separate and ultimately divorce , it’s a given that the non-custodial parent will be tasked with paying a certain amount of child support every week, as determined by the courts. Any parent who feels they can get away without fulfilling this obligation is fooling him or herself, and in fact, could face jail time. But that doesn’t mean specific circumstances exist under which you are no longer legally obligated to pay child support.

But before deciding for yourself what you can and cannot do when it comes to the legalities and illegalities behind divorce, you need to consult with a reputable divorce lawyer, preferably one who specializes in custody. Says the professionals at the Law Offices of Laura Gillis, a custody attorney in Phoenix , AZ, a good child custody attorney should have extensive knowledge of family law. They should have the know-how to assist you with understanding your obligations and rights under the law, including your rights when it comes to paying child support.

That said, what do you need to know about legally terminating your child support payments? “Legally” being the key word here. According to a report by Very Well Family , many divorced parents find themselves wondering if there are rules established for the termination of their child support mandate.  

For example, can a parent stop the payments if the other parent is refusing to grant child visitation? Can a parent stop payment obligations if the child is past 18 years old, graduated from high school, and wishes to be emancipated? Perhaps the older child has renounced the non-custodial, child support paying parent and even changed his or her name.

These issues and questions must all be addressed legally prior to pursuing termination of child support.

Ending Child Support Over a Pause in Visitation

Some parents feel as though it’s only fair that they stop child support payments when visitations stop occurring. On the surface, this might seem fair, but it can cause a lot of difficulty in the courts. This is because court-ordered child support payments are mandated to continue even if a problem arises with the relationship between the two parents or the parent and the child. In a word, you should not choose to stop paying child support simply because the child is no longer visiting regularly.  

Courts consider visitation and child support as two separate issues. If you have been awarded court-appointed parenting time and your ex is no longer cooperating, you need to contact your lawyer about the situation. In turn, the lawyer will likely petition the family court to resume regular visits.  

Special Circumstances

All too often when the parent charged with paying child support suddenly stops, it’s because there is something going on behind the curtain, so to speak. It’s possible the parent has lost his or her job, for instance. That said, is there a genuine change in circumstances that would warrant a child support adjustment?

If you are a parent who is having trouble paying regular child support payments, you need to be proactive about it. This means contacting the court that issued the original financial mandate to talk over your options. This is a far preferable choice than simply taking a risk on stopping payments altogether. If you decide to do this, you can lose your driver’s license or even go to jail.  

Child Emancipation

Says Very Well Family, in more rare instances, a child who is approaching adulthood will request emancipation if they no longer wish to share a relationship with one of the parents. If a child does become emancipated, the court will likely relieve the non-custodial parent of child support obligations.

Legal emancipation of the older child will depend on a variety of factors including the following:

A Child’s Age: The appropriate age for emancipation can differ by the presiding court and the state. Some courts view 16 as an appropriate age while others will see 16 as too young to make the mature decision to emancipate. Most states view 18 as the more appropriate age.

A Child’s Level of Maturity: A court will listen carefully to an older child’s ability to clearly express their desire for emancipation and in doing so, determine if the argument displays adequate maturity. Other factors include whether the child is a good and responsible student, and if the child is employed.    

Defining Emancipation

From a legal standpoint, a judge is required to interview the child about the plans to become emancipated. If emancipation is granted, the non-custodial parent’s child support mandate will come to an end. But even if emancipation is granted, courts are sometimes reluctant to end child support since there exists the possibility of the state having to step in to financially provide for the older child.

In the end, divorce is never easy. It becomes more complicated if you and your ex share a child. A non-custodial parent can legally stop child support payments, but the order must come from the court. This is why it’s so important to discuss the matter with your attorney before stopping your child support payment.

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• Termination of Child Support Under the Law

Child support obligations are imposed to ensure that the custodial parent of a child has adequate means to provide for their child’s health and well-being. When child support is no longer necessary, either due to the age of the child or other circumstances, the child support obligation can be terminated without adversely affecting the child.

Termination at Age of Majority

Any agreement or order imposing a child support obligation should have a provision that states when the obligation will end. If it does not, state law generally defines how long a parent can be obligated to provide financially for his or her child. Except in cases where a child has special needs or it has been determined that a parent will pay for the child’s college education, child support orders generally terminate when a child reaches the age of majority or graduates from high school. The age of majority is defined by state, but is generally at least 18-years-old.

Justia provides a comprehensive 50-state survey on child support issues such as the typical child support termination age in each state, as well as child support forms and resources.

Requesting Termination

In some cases, a parent may have cause to request the court terminate a support order or agreement prior to the child reaching the age of majority. The procedures for petitioning a court for termination of a support order vary by state. In all states, however, it is important to continue paying any child support you are obligated to pay until the obligation is terminated to avoid being found in contempt and facing adverse consequences.

There are several circumstances that provide a basis for requesting a termination of a child support obligation. For example, if a parent’s parental rights have been terminated , either voluntarily or involuntarily, the parent can request his or her support obligation be terminated as well. In some cases, a modification in the living or financial situation of a child’s parents can be grounds for requesting a termination. For example, if the parents begin living together in the same house or get married, the parent who is obligated to provide support can request a termination of child support on the grounds that it is no longer necessary. If the parent providing support becomes incapacitated or unable to earn an income, he or she can request termination of the support order due to the fact he or she is no longer able to meet the support obligation. If the financial situation of either parent changes dramatically and they jointly agree that child support is no longer necessary, they can jointly petition the court to terminate the child support obligation.

• 1 Parental rights have been terminated
• 2 Change in a parent’s living situation (such as when the parents move in together)
• 3 Change in a parent’s financial situation
• 4 Paying parent becomes incapacitated
• 5 Paying parent is no longer able to earn an income
• 6 Parents jointly agree that support is no longer necessary because of a change in financial circumstances
• 7 Change in the child’s situation (such as emancipation, marriage, or military service)
• 8 Change in custody

A change in the child’s situation can be grounds for termination of child support as well. If the child is emancipated prior to the age of majority, the parent is no longer obligated to provide financial support for the child. If there is change in custody of the child, so that he or she no longer lives with the parent who was receiving child support, or now lives with the parent who was obligated to pay child support, the parent providing support can request a termination of the support order. Although it is unlikely to happen before the age of 18, if a child gets married or joins the military, neither parent will be obligated to provide financial support for the child and the parent subject to a support order can request a termination.

Last reviewed October 2023

Child Custody and Support Law Center Contents   

• Child Custody and Support Law Center
• Child Custody Law
• Child Support Law
• Child Relocation & Legal Concerns
• Termination of Parental Rights Under the Law
• Enforcing a Child Custody or Support Order
• Child Custody and Support Law FAQs
• Child Custody Laws & Forms: 50-State Survey
• Child Support Laws and Forms: 50-State Survey
• Paternity Laws and Forms: 50-State Survey
• Grandparent Visitation & Custody Laws: 50-State Survey
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Broyles v. Iowa Dept. of Social Services

305 N.W.2d 718 (1981)

Donald E. BROYLES, Appellee, v. IOWA DEPARTMENT OF SOCIAL SERVICES, Appellant.

Supreme Court of Iowa.

May 13, 1981.

*720 Thomas J. Miller, Atty. Gen., and John R. Martin, Asst. Atty. Gen., Davenport, for appellant.

Realff H. Ottesen, Davenport, for appellee.

Considered by LeGRAND, P. J., and McCORMICK, ALLBEE, McGIVERIN, and SCHULTZ, JJ.

SCHULTZ, Justice.

The Iowa Department of Social Services, as assignee of support payments provided for in a support order rendered against Donald E. Broyles, appeals from a decision of the Scott County District Court holding that the judgment debtor, Donald, is not obligated to the Department for past-due support payments. We hold the trial court erred and reverse and remand.

Pursuant to a 1974 dissolution of marriage decree, Donald was ordered to pay $25 child support per week to Michelle L. Broyles through the office of the Scott County Clerk of Court. On May 4, 1976, as a condition of receiving welfare assistance, Michelle assigned her rights to child-support payments to the Department. The assignment, which was filed with the clerk of court in the dissolution file, provided:

At the time of the assignment Donald was delinquent on his support payments in the sum of $450.

On September 27, 1977, a notification of partial termination of assignment was filed with the clerk of court, to be effective on September 30, the date Michelle ceased to receive assistance from the Department. At that time Donald was delinquent on his support obligation in the amount of $1200. The notification of termination of assignment authorized the clerk of court to pay current support payments to Michelle, but expressly stated that any payments toward the delinquency were to be paid directly to the Department. Between September 30, 1977, and November 30, 1978, Donald paid over $1200 in child support, which the clerk of court paid to Michelle as current child-support payments. In December 1978 Michelle executed a "Release of Child Support Judgment" acknowledging "as fully paid, satisfied and released child support judgment entered in this matter on the second day of August 9, 1974, up through and including the first day of December A.D., 1978." In a written pretrial stipulation, however, the parties stipulated that any release executed by Michelle purporting to release delinquencies owed to the Department was null and void.

On March 16, 1979, Donald brought a declaratory judgment action against the Department requesting the trial court to declare judgment that he was not liable to the Department for any of the $1200 delinquency. The case was submitted to the court on a written pretrial stipulation of the facts.

In his petition Donald contended that his child-support payments subsequent to the termination of the assignment applied to the oldest installments due, and he had thus paid in full the $1200 delinquency claimed by the Department. He also alleged that Michelle had executed a release of all support payments due to her through December 1, 1978.

The trial court held that Donald is not obligated to the Department in any amount for past-due child support. The court mentioned but did not rely on the release, stating:

Thus, the trial court limited the assignment to those installments that fell due while the assignment was in effect. It concluded that these installments were subsequently paid, and Broyles owed no obligation to the Department.

Before analyzing the correctness of the trial court's determination, we find it necessary to examine the nature and validity of the assignment, interpret its meaning, and determine its effect on the parties.

I. Validity of the assignment and its effect on Michelle. An assignment is a transfer to another of the whole of any property or right therein. 6A C.J.S. Assignments § 2 (1975). As a welfare recipient, Michelle was required by statute to assign her rights to all support payments provided for in the dissolution decree:

§ 598.34, The Code, as amended by 1975 Sess., 66th G.A., ch. 151, § 12 (effective Aug. 15, 1975).

A court-ordered child-support judgment becomes a lien when payment is due. See Slack v. Mullenix, 245 Iowa 1180, 1184-85, 66 N.W.2d 99 , 101-02 (1954); Whittier v. Whittier, 237 Iowa 655, 661, 23 N.W.2d 435, 440 (1946); § 598.22, The Code 1975. We have long recognized that a judgment may be assigned, see Edmonds v. Montgomery, 1 Iowa 143, 147 (1855), and this recognition extends to a future judgment, see Weire v. City of Davenport, 11 Iowa 49, 52-53 (1860). We conclude that Michelle was required to, and did in fact, execute a valid assignment of the support payments due under the dissolution decree.

An assignment ordinarily carries with it all rights, remedies, and benefits of the thing assigned. Kintzel v. Wheatland Mutual Insurance Association, 203 N.W.2d 799 , 806 (Iowa 1973); Mutual Surety Co. v. Bailey, 231 Iowa 1236, 1242, 3 N.W.2d 627, 630 (1942). The assignment was effective to transfer Michelle's rights in her support judgment to the Department; however, we must determine whether the assignment was limited to those payments that became due during the period of the assignment.

Donald, in his petition, maintained that the assignment and release thereof could only apply to any amounts that became due during the period of time Michelle was a recipient of welfare funds. The Department asserted in its answer that the assignment applied to payments accrued, current, and future, whether paid before or after termination of assistance. It claims further that the notification of termination of assignment clearly reserved to the Department any delinquencies that accrued pursuant to the assignment. Thus, the parties took differing positions as to the interpretation of the assignment and the notification of partial termination of assignment.

An assignment is a contract between the assignor and assignee. Rules of construction applicable to contracts thus apply to assignments. The basic rule in construing a written contract is that the intent of the parties controls. Iowa R.App.P. 14(f)(14). See also 6A C.J.S. Assignments § 43: "The creation and existence of an assignment is to be determined according to the intention of the parties and that intention is derived not only from the instruments executed by them, if any, but from the surrounding circumstances."

In construing an assignment, as in contract, when words are free from ambiguity, there is no occasion for interpretation. However, absent lucid and unambiguous language expressing the clear intent of the parties, it is the court's duty to give effect to the language of the entire contract *722 of assignment in accordance with commonly accepted and ordinary meaning. See Kinney v. Capitol-Strauss, Inc., 207 N.W.2d 574 , 576-77 (Iowa 1973); Gendler Stone Products Co. v. Laub, 179 N.W.2d 628 , 630 (Iowa 1970).

Although the individual provisions of the assignment may be ambiguous, when read in its entirety the assignment clearly manifests the intent of the assignor and assignee. Michelle assigned to the Department her right to support payments that had accrued on April 27, 1976, the effective date of the assignment, and current and future support payments "which come due during the period of my assistance, whether paid before or after termination of my assistance."

We believe that the notification of partial termination to the clerk of court, although signed only by the Department, also evinces the understanding of the parties to the assignment. It was addressed to the Scott County Clerk of Court and stated:

The termination notice thus expressly states that pursuant to the previous assignment the Department remains entitled to the deficiency. It authorizes the clerk to pay current support payments to Michelle, but states that any payments toward the delinquency are to be paid directly to the Department.

This method of treating current and delinquent support payments is consistent with 770 I.A.C. § 95.3 (1980) (effective Apr. 12, 1976), which provides:

Since this administrative rule was promulgated pursuant to, and deals with child-support recovery collections by the Department under, chapter 252B, The Code, it does not appear to be directly applicable to the present case. However, it defines the manner in which the Department treats current and delinquent support payments, and it is grounded upon sound public policy. Unlike the method of allocation the trial court held to be applicable, it does not discourage or prevent welfare recipients from benefits until all delinquencies have been paid.

Because the intent of the parties controls the interpretation of the meaning of an assignment, the understanding between Michelle and the Department is determinative of the manner in which payments are to be applied. We believe that the assignment and notice of termination, when viewed in light of the statutory law and administrative rule governing the Department and the totality of the circumstances, clearly indicate that the understanding between Michelle and the Department was that Michelle was to receive current support payments and all amounts in excess thereof were to be paid to the Department and applied against the delinquency. The assignment was thus intended to be effective until the delinquency incurred during the period Michelle received welfare assistance was fully paid.

*723 II. The effect of the assignment on the judgment debtor. In the valid assignment of a judgment the assignee assumes the rights, remedies, and benefits of the assignor. Mutual Surety Co. v. Bailey, 231 Iowa at 1242, 3 N.W.2d at 630; 49 C.J.S. Judgments § 527 (1947); 6A C.J.S. Assignments § 89. Notice of the assignment is not essential to the validity of the assignment. 6A C.J.S. Assignments § 64. However, a judgment debtor who, without notice of the assignment of a judgment, pays the assignor is an innocent party and is not liable to the assignee. McCarver v. Nealey, 1 Greene 360, 361-62 (Iowa 1848). Thus, if the debtor can show prejudice, lack of notice may constitute a defense in an action by an assignee. Spoor v. Q. & C. Co., 162 F.2d 529, 532 (7th Cir. 1947); 6A C.J.S. Assignments § 115.

Under the assignment the Department acquired Michelle's rights and remedies against Donald, the judgment debtor. We have already construed the assignment to be effective until all delinquencies are paid. Therefore, Donald cannot claim that the payments he made subsequent to the termination of assignment satisfied the delinquency claimed by the Department.

Although there is no evidence in the record when Donald received notice of the assignment, it is obvious that he had notice prior to filing suit. In any event, Donald has not shown that he was in any way prejudiced by lack of notice. He has not alleged or shown that he will be required to pay more support than was ordered in the dissolution decree. Although Donald did allege release and satisfaction by Michelle, he has failed to prove a valid release.

Ordinarily, the custodial parent may release or compromise a claim for past-due child-support payments, and such action constitutes a defense to enforcement proceedings. 27B C.J.S. Divorce § 321(5), at 652 (1959). The release of a judgment, however, must be supported by valuable consideration. 49 C.J.S. Judgments § 565; see Warman v. Hat Creek Ranch Co., 202 Iowa 198, 201, 207 N.W. 532, 533 (1926) (binding release exists when there is valid consideration); Stoutenberg v. Huisman, 93 Iowa 213, 216-17, 61 N.W. 917, 918 (1895) (partial payment must be accompanied by additional consideration). In State ex rel. Hansen v. McKay, 31 Or.App. 631, 571 P.2d 166 (1977), it was contended that a father who had paid only $10 child support had given valid consideration for the release of a $12,000 support judgment that had been assigned to the Public Welfare Division. There was no evidence that the father had received notice of the assignment. The Oregon Court of Appeals stated:

Id. at 637, 571 P.2d at 169.

The burden of proving that a judgment has been paid is on the judgment debtor. 49 C.J.S. Judgments § 559, at 1031. Donald has failed to meet his burden of proving that Michelle received valuable consideration in exchange for the release. The only evidence presented in the stipulation was that any release executed by Michelle "purporting to release delinquencies owed to the Department is null and void as to those delinquencies." The release executed by Michelle is thus invalid.

The trial court erred in holding that Donald is not liable to the Department for the claimed delinquency. We therefore reverse and remand for entry of judgment consistent with this opinion.

REVERSED AND REMANDED.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

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Terminating Income Withholding for Child Support by Agreement

• Child Support & Medical Support

Learn about how to terminate income withholding including what you need from the court and the other party, if the Office of the Attorney General needs to be involved, if you need an agreement to terminate, and what to do if you do or do not have an agreement.

How do I terminate income withholding from Obligor’s employer if both parents agree? 

If your case was processed by the Child Support Division of the Office of the Attorney General of Texas  (OAG), contact your regional Attorney General’s office to process the termination administratively. Use the  Find Child Support Locations  tool on the OAG's website to find your regional OAG's office.

If you handled your child support case privately — without the assistance of the Texas Attorney General’s office — contact the district clerk’s office in your county and ask how the clerk processes Requests to Terminate Income Withholding for Child Support.

Tip: This may also be called a Motion to Terminate Income Withholding.

Do I need a signed order for the clerk to issue a notice/order to terminate income withholding for child support by agreement?

It is likely — but may not be required in your county. Some clerk’s offices require a signed order by a judge indicating that income withholding is terminated before the clerk will send a termination of withholding order/notice to the employer of the obligor (the parent who pays child support).

Call your district clerk’s office to confirm what your court requires.

Do I need to file a Request to Terminate Income Withholding for Child Support with the clerk?

Maybe. Call your clerk to ask if this form is necessary for your situation. This request only applies to your situation if:

• Both the obligor and obligee (the parent who has received the child support) agree to terminate income withholding for child support
• The child becomes 18 years of age or graduates from high school, or
• The child’s disabilities of minority are removed by marriage, court order, or another operation of law, or
• The child dies, or
• The obligor initiated voluntary withholding.

Do I need to submit a proposed order to be signed by a judge to terminate income withholding by agreement?

Maybe. Call your local district clerk to find out if the judge needs to sign an order before the clerk can issue a notice/order to terminate withholding to the obligor’s employer. Use the Order to Employer to Terminate Withholding for Support as a proposed order to file with the court.

Will the child support office need to be involved to terminate income withholding by Agreement?

Maybe. Some clerks require proof or an accounting from the Child Support Office indicating that the child support obligation has terminated and that there are no arrears before the clerk will issue an Order/Notice to Terminate to the Obligor’s employer.

Is there a court fee to terminate income withholding for child support by agreement?

Yes. The Texas Family Code indicates the clerk may charge a reasonable filing fee not to exceed $15 to file a Request for Termination of Withholding Order.  Texas Family Code 158.403(c) .

Call your district clerk’s office to see what fees will apply in your situation.

Should I talk with a lawyer to find out if I can request that child support withholding stop?

Yes! If possible, talk with a lawyer. You can hire a lawyer just to g ive you advice and review your forms, or r epresent you at a hearing. This is called limited scope representation , which is one way to make private attorneys more affordable. If you need help finding a lawyer, you can:

Our  Legal Help Directory  can help you locate a legal aid office, lawyer referral service, or self-help center in your area. 

Check our  Legal Events and Clinics  page for free legal clinics in your area.

Use  Ask a Question  to chat online with a lawyer or law student.

What do I do if the other parent does not agree to stop child support withholding?

If the other parent does not agree to a joint request to stop child support withholding, then you may have to file a petition to terminate withholding for child support and go to court.

Related Guides

I need to change a custody, visitation, or support order (modification)..

Child Custody & Visitation

I need to respond to a modification case.

Related articles, how to stop child support withholding, changing a custody, visitation or child support order, child support, related forms, petition to terminate withholding for child support - guided form.

FM-IW2-100-Int

Record of Support Order

Form 1828A (ROS/App)

Income Withholding for Support

Order to employer to terminate withholding for support.

• Functional Areas
• Support Tools

Income Assignment

Legal Authority(ies):

• Income Assignments 12 O.S. § 1171.3 & 56 O.S. § 240.2
• Mandatory Nature 43 O.S. § 115
• Changes to Income Assignments 43 O.S. § 117

An income assignment (I/A), or income withholding, is an enforcement remedy used to deduct current and/or past due support from the income of, or benefits due, an obligor. “Income” means any form of payment to an obligor regardless of the source (including, but not limited to, wages, salary, compensation as an independent contractor, worker’s compensation, disability, annuity and retirement benefits). “Delinquent” and “delinquency” mean any payment under an order for which support is due and remains unpaid.

The income assignment remedy is used whether an obligor is current or delinquent in his/her child support obligation. The required elements and steps to send an income withholding to an employer are listed below.

Required Elements:

If the following elements are present, child support sends an income withholding order/notice to any payor of income for an obligor.

• An obligation to pay child support through an order of district or administrative court has been established
• Open child support case
• The obligor has known income from a payor of income
• The obligor’s name, social security number and family group number
• The name(s) of the child(ren) for whom support is ordered
• The custodian of the child(ren) or the name of obligee
• The name of the court issuing the child support order and the date of order
• The amount the obligor is court ordered to pay in current and/or past due child support
• The effective date of the income assignment
• Instructions to the payor of income regarding the amount to deduct based on individual pay schedules and the address to remit deductions
• The current child support has been modified or amended by a court order
• Child support amends/modifies the notice of income assignment to the new court ordered amount, sends a notice to payor of income and lists the effective date of the income assignment.
• The obligor’s court ordered child support and/or past due support obligation is terminated by a court order (child support terminates the notice of income assignment, sends notice to payor of income and lists the effective date of notice of income assignment termination)
• There is an inability to deliver the income withheld to the person entitled to the current and/or past due support and the court orders suspension of the notice of income assignment (child support notifies the payor of income to suspend the income assignment)
• Obligor proves beyond a reasonable doubt he/she is not the person who owes the child support
• Obligor shows the court the amount of current child support or past due child support is inaccurate and warrants modification of the notice of income assignment
• The payor of income shows the court the obligor is not entitled to any income, is not an employee/receiver of benefits or there is no income from which the payor of income may deduct the amounts in the income assignment

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Rules for the Termination of Child Support

Many parents wonder whether there are rules in place for the termination of child support obligations. For instance, can a parent stop paying child support if the other parent refuses to allow visitation? And what about situations where the child does not want to receive the parent's financial support and would prefer to be emancipated?

Get answers to these questions before you pursue the termination of child support orders for yourself or your child.

Quid Pro Quo and Terminating Child Support

On the surface, some parents feel that it's reasonable to withhold child support when visitations stop occurring on a regular basis. But this notion can cause you a lot of trouble in court. Why?

Because court-ordered child support obligations continue even when there's a problem with the relationship between the parent and the child or between the two parents.   Therefore, you should not stop paying child support just because the child is no longer participating in regularly scheduled visits.

It's also important to know that the courts consider child support and visitation separately. If you have court-ordered visitation, and your ex is not cooperating with the order, you should contact the court or speak with your lawyer about your options. In many cases, steps can be taken to rectify the situation so that visits can resume.

Special Considerations 

Often, when a parent stops paying child support, it is because there is more going on behind the scenes. Has the parent lost their job? Is there a legitimate change in circumstances that warrants a formal child support modification?

Any parent who is having difficulty making regular child support payments should contact the court that issued the original order to discuss options. This is far preferable than risking the consequences of nonpayment, which can include losing your driver's license and even serving jail time.

Emancipation of Children

In rare instances, an older child may request emancipation if they no longer desire to have a relationship with a parent. If a child becomes emancipated, the court might formally relieve a non-custodial parent of child support obligations. However, whether the court grants emancipation will depend on several factors including:

• The Child's Age: An appropriate age will vary by state and by the court. Some courts may determine that 16 is an appropriate age, while another court might determine that 16 is too young to make such an important decision.
• The Child's Maturity Level:  The court might consider a child's ability to clearly express their desire to be emancipated as well as the reasons for emancipation, as a sign of maturity. They may also look at factors such as whether or not the child is employed or a good student.

Prior to considering emancipation, the judge will interview the child. If the child does become emancipated, the non-custodial parent's child support obligations may be terminated as well. However, courts are typically reluctant to terminate support obligations for fear the state will later need to step in and provide financial support for the child.

It's also important to know that the courts frown upon any interference in a parent-child relationship. In determining whether to terminate child support obligations , the court will consider the best interests  of the child and then determine whether both parents should be able to work together to support the child's needs and emotional well-being.  

National Conference of State Legislatures. Termination of Child Support . 2020.

By Debrina Washington Debrina Washington is a New York-based family law attorney and writer, who runs her own virtual practice to assist single parents with legal issues.

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Child Support Arrears: What You Need to Know

Are you drowning in child support arrears? Wondering what your next step should be to rectify the situation and avoid damaging legal consequences? You’ve just landed on the right page. This article demystifies the murkiness that surrounds child support back payments, charting a clear pathway through complex issues like modification, legal penalties, and effective enforcement strategies. Swim out of deep waters with our user-friendly guide, tailored to empower you with timely advice and actionable solutions. Navigate the tricky terrain of child support arrears with confidence—read on to learn how!

Understanding Child Support Arrears

Child support arrears refer to the amount of unpaid child support that has accumulated over time. These arrears can accumulate for various reasons, such as a parent’s inability or unwillingness to meet their financial obligations. It’s important to understand that child support arrears are legally enforceable and can have serious consequences for both parents and the children involved.

For example, let’s say a parent was ordered to pay $500 per month in child support but has consistently failed to make these payments for several years. The total amount of unpaid child support would be considered arrears.

The accumulation of arrears can create financial difficulties for the custodial parent, who relies on the support payments to provide for the children’s needs. It is crucial for both parents to recognize the importance of fulfilling their child support obligations to ensure the well-being of their children.

The System and Process of Arrears

Child support arrears are handled through an established system and process that aim to collect overdue payments and enforce compliance with court-ordered obligations. This system includes various administrative procedures and enforcement actions that can be taken to hold non-compliant parents accountable.

One potential consequence of falling behind on child support payments is the suspension of a driver’s license when the account is more than four months past due. However, it is possible to challenge this suspension by following specific steps outlined by the Support Collection Unit (SCU), such as completing the required forms and submitting them for review.

Another enforcement action involves intercepting federal and/or state income tax refunds when the account is past-due. This means that if a parent owes more than a certain threshold in child support, their tax refund may be seized to cover the outstanding debt. However, it’s important to note that there is a process in place for challenging these intercepts, such as requesting an administrative review.

These examples highlight a few of the enforcement actions that can be taken to collect child support arrears. It’s important for parents to be aware of these consequences and understand the potential impact on their finances and daily lives.

Determining Amounts Owed

Before delving into the legal consequences and enforcement actions related to child support arrears, it is crucial to determine the amounts owed accurately. The child support program has mechanisms in place to collect overdue payments and ensure that proper calculations are made. It can utilize administrative procedures or enforcement actions that don’t require going to court.

Administrative enforcement actions include driver license suspension, tax refund interception, passport denial, bank account freezing, lottery winnings interception, property liens, referral to the Department of Taxation and Finance, submission to credit reporting agencies, and suspension of professional licenses. These actions are implemented based on specific criteria relating to past-due amounts and the duration of non-payment.

Let’s consider a scenario where a parent has fallen behind on their child support payments due to a job loss. In such cases, the child support program would evaluate the outstanding amount based on factors like income level, the number of children involved, and any additional expenses. This assessment ensures a fair determination of the amounts owed.

Now that we understand the importance of determining accurate amounts owed in child support arrears cases, let’s explore the legal consequences that non-payment can entail.

Legal Consequences of Non-Payment

When child support payments are not made as required by law, various legal consequences can arise. It is essential for both custodial and non-custodial parents to be aware of these ramifications.

Firstly, driver license suspension is one consequence that can occur when a child support account is more than four months past due. This measure aims to encourage compliance with payment obligations. However, under certain conditions, a restricted use license may be obtained to allow driving for work or educational purposes.

Another consequence is tax refund interception, which takes place when the child support account is more than $50 past due for New York State refunds or more than $150 past due for federal refunds. However, it is worth noting that one can challenge the interception through the Request for Administrative Review form if they believe it to be erroneous.

Passport denial is a further consequence that may occur if child support arrears exceed $2,500. In such cases, payment in full is required for the release of the passport, or an emergency release may be sought under certain circumstances.

These are just a few examples of the legal consequences individuals may face for non-payment of child support. It is essential to understand that falling behind on payments can result in severe repercussions that impact various aspects of one’s life.

For instance, imagine a non-custodial parent who consistently fails to fulfill their child support obligations. They may find themselves facing driver’s license suspension, making it difficult to commute to work or take care of other responsibilities. Additionally, having tax refunds intercepted can significantly affect overall financial stability and hinder long-term plans.

It is crucial for parents to recognize that these consequences ultimately aim to enforce compliance with child support obligations in order to provide proper support for their children’s welfare.

Related Article: Child Support Non-custodial Parent Rights

Enforcement Actions and Their Challenges

When it comes to collecting overdue child support, enforcement actions play a crucial role in ensuring that custodial parents receive the financial support they are owed. These actions can take several forms, such as wage garnishment, interception of tax refunds, suspension of licenses (e.g., driver’s license), and even potential imprisonment for persistent non-payment. However, despite the availability of these enforcement mechanisms, challenges often arise.

For instance, some non-custodial parents may intentionally hide their assets or sources of income to avoid meeting their child support obligations. This can make it difficult for enforcement agencies to locate and seize those resources. In other cases, life circumstances such as unemployment, disability, or incarceration can lead to genuine struggles in making timely payments.

Navigating through the complexities of enforcing child support orders requires cooperation between both parties involved. It’s essential to understand the challenges faced and find ways to address them effectively.

Addressing Overdue Child Support

Addressing overdue child support involves identifying the reasons behind non-payment and finding solutions that encourage responsible financial behavior while still prioritizing the best interests of the child.

In situations where the non-custodial parent is facing financial hardships that prevent timely payments, it may be necessary to explore alternative arrangements. This could involve modifying the child support order to better align with the parent’s current income and ability to pay. Mediation can also be a useful avenue for resolving disputes and finding mutually agreeable solutions.

It’s crucial to approach the issue with empathy and open communication. By understanding each party’s circumstances and working together towards a resolution, it becomes possible to ensure that both parents fulfill their responsibilities while maintaining a healthy co-parenting dynamic.

For example, if a non-custodial parent has recently lost their job due to unforeseen circumstances, reaching out to the custodial parent and discussing temporary adjustments to child support payments can provide relief during this difficult period. By showing a willingness to cooperate and find a reasonable solution, the non-custodial parent can demonstrate their commitment to supporting their child despite the financial setback.

Taking proactive steps to address overdue child support not only benefits the child but also promotes a healthier and more harmonious co-parenting relationship. Let’s explore further the options available for modifying child support and engaging in mediation as effective means of resolving disputes and ensuring ongoing support for the child.

Child Support Modification and Mediation Options

Child support obligations may need to be modified due to changes in circumstances such as income fluctuations, job loss, or changes in the child’s needs. When faced with the need for modification, it is important to explore the available options. Child support modification can be pursued through either a court process or mediation, depending on the specific situation.

In a court process, the requesting party must demonstrate a substantial change in circumstances that justifies modifying the existing child support order. This could include factors like loss of employment, disability, or a substantial increase or decrease in income. The court will review the evidence presented and make a determination based on what is deemed fair and in the best interests of the child.

For instance, imagine a parent who was laid off from their job and now struggles to meet their child support obligations. They could initiate the court process to request a modification based on their current financial situation.

Mediation offers an alternative approach where both parties work together with a neutral third-party mediator to reach an agreement on modifying child support. This can be a less adversarial and more cooperative process, providing an opportunity for open communication and negotiation between parents.

Now that we have explored child support modification and mediation options, let’s delve into the process of seeking modification and some experiences that individuals may encounter along the way.

Process and Experiences in Modification

The process of seeking child support modification involves several steps. First, it is important to gather documentation and evidence supporting your claim for modification. This can include pay stubs, tax returns, medical bills, or any other relevant financial documents that demonstrate your current circumstances.

Next, you will need to file a formal request with the appropriate court or engage in mediation if that is your chosen route. It is crucial to follow all legal procedures and deadlines during this stage to ensure your request is properly considered.

During the process, you may be required to attend court hearings or mediation sessions where you will present your case and provide evidence supporting your request for modification. It is essential to be prepared, organized, and articulate in presenting your argument.

For example, if you are seeking modification due to a decrease in income, make sure you have clear documentation showing your reduced earnings and how this impacts your ability to meet the current child support obligation.

Experiences during the modification process can vary depending on the unique circumstances of each case. It is common for emotions to run high during this challenging time. However, maintaining a respectful and cooperative attitude can go a long way toward facilitating productive discussions and negotiations.

Think of the modification process as a journey through rough waters. By staying calm, prepared, and focused, you can navigate your way through successfully.

Resolve Child Support Arrears with Custody Lawyers: Your Rights Protected.

At Bentley, Kopecki, Smith, our dedicated team of custody lawyers understands the complexities surrounding child support arrears. We bring expertise, compassion, and a commitment to protecting your rights. In the realm of child custody, we recognize that arrears can create additional challenges. Our legal professionals are here to guide you through the process, providing insightful advice and working tirelessly to secure fair resolutions. When facing child support arrears, trust Bentley, Kopecki, Smith, where your family’s well-being is our priority. Contact us today.

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  Sec. 231.106. NOTICE OF TERMINATION OF ASSIGNMENT    

(a) On termination of support rights to the Title IV-D agency, the Title IV-D agency shall, after providing notice to the obligee and the obligor, send a notice of termination of assignment to the obligor or other payor, which may direct that all or a portion of the payments be made payable to the agency and to other persons who are entitled to receive the payments.

(b) The Title IV-D agency shall send a copy of the notice of termination of assignment to the court ordering the support and to the child support registry, and on receipt of the notice the clerk of the court shall file the notice in the appropriate case file. The clerk may not require an order of the court to terminate the assignment and direct support payments to the person entitled to receive the payment.

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Iowa Code 239B.6 – Assignment of support rights or benefits

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Terms Used In Iowa Code 239B.6

• Applicant : means a person who files an application for participation in the family investment program under this chapter . See Iowa Code 239B.1
• Assistance : means a family investment program payment. See Iowa Code 239B.1
• Attachment : A procedure by which a person's property is seized to pay judgments levied by the court.
• Bankruptcy : Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Child : includes but shall not be limited to a stepchild, foster child, or legally adopted child and means a child actually or apparently under eighteen years of age, and a dependent person eighteen years of age or over who is unable to maintain the person's self and is likely to become a public charge. See Iowa Code 252A.2
• Child : means an unmarried person who is less than eighteen years of age or an unmarried person who is eighteen years of age and is engaged full-time in completing high school graduation or equivalency requirements in a manner which is reasonably expected to result in completion of the requirements prior to the person reaching nineteen years of age. See Iowa Code 239B.1
• Department : means the department of health and human services. See Iowa Code 249L.2
• Department : means the department of health and human services. See Iowa Code 239B.1
• Family : means a family unit that includes at least one child and at least one parent or other specified relative of the child. See Iowa Code 239B.1
• following : when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
• Garnishment : Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Obligation : An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• person : means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1

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What should I know about child support income assignments?

On Behalf of Shea L. Burchill, P.C. | Apr 6, 2018 | Uncategorized |

When there is a child support order in Colorado, the supporting parent is expected to pay it in full and on time. However, there are instances in which there is a failure to pay child support. When all other avenues in attempting to collect on the payments, the state will take certain steps to get what is owed from the supporting parent so the custodial parent and the child will have their financial needs met. One way that the state goes about getting these payments is through income assignment. Understanding income assignment is important for both the custodial parent and the supporting parent.

It is not uncommon for supporting parents to fail to make their payments. With an income assignments – also known as a “wage assignment” – the income of the supporting parent will be taken directly from his or her paycheck. The supporting parent’s employer will receive a notice that there should be a certain amount withheld from the paycheck. The payment will then be sent to the Family Support Registry.

There are benefits with an income assignment that are not featured in a simple wage garnishment. The garnishment can be in effect for 90 days. Income assignments can go for the entire duration of the child support obligation and does not need to be renewed. In addition, the income assignment is not limited to a paycheck. Other sources of income can be taken to make the payments. That includes unemployment insurance payments, workers’ compensation, capital gains and more. For many, the income assignment is done as soon as there is a child support order.

Supporting parents who are paying via income assignment might change jobs. If that happens, the child support enforcement unit must be told immediately so there can be a transfer of the income assignment. When there is a modification of the child support payments, this too must be sent to the employer so there is not an improper amount taken from the wages.

When there is a child support dispute or a problem with the payments, the income assignment is a strategy for the custodial parent to get what the supporting parent owes. This can also be useful for the supporting payment as there is no need to make the payments every month. Regardless of the circumstances, with any issue related to child support, a legal professional experienced in all areas of Colorado family law can help.

Source:  childsupport.state.co.us, “ A Parent’s Guide to Child Support — Enforcing a Child Support Order — the Income Assignment, pages 15-16 ,” accessed on April 3, 2018

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What is alimony? The essential guide

Everything you need to know about spousal support after the dissolution of a marriage.

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Updated on: July 3, 2024 · 13 min read

Alimony: meaning and purpose

Types of alimony, how does alimony work, how a spousal support lawyer can ensure fair alimony.

Alimony agreements determine how much money one spouse owes the other after the dissolution of their marriage. It’s an important part of divorce and separation agreements with wide-ranging financial implications.

But what is alimony, exactly, and how does alimony work? 

Follow along to find out everything you need to know about alimony, such as what factors influence it, the process for receiving it, and how to modify or terminate payments. We'll also discuss how hiring an alimony lawyer can help enforce fair payments.

Alimony, also called spousal support or spousal maintenance, is a court-ordered payment in which one former spouse pays the other following a legal separation or divorce.

The purpose of alimony is for a higher-earning spouse to provide the lower-earning ex-spouse with financial support—to help them get on their feet and/or maintain a similar standard of living they experienced during their marriage. Spousal support can also help prevent economic difficulties associated with the divorce.

While every marriage is different, some circumstances financially benefit one spouse over the other, making alimony payments necessary.

For example, if one spouse placed their career on hold to stay home and care for children, that arrangement put them at a financial disadvantage. Since they didn't have an opportunity to earn their own income while their spouse could continue working, alimony payments would help them sustain their post-divorce standard of living or enable their financial stability while they develop their career prospects.

Alternatively, one spouse may have financially supported the other while they underwent job training or earned a college degree during the marriage. Therefore, as part of the alimony agreement, the receiving spouse may need to repay the other for those financial contributions.

Several different kinds of alimony exist, including temporary, rehabilitative, permanent, reimbursement, and lump-sum.

While all of these payments are designed to help prevent unfair economic hardships following a divorce or separation, each one comes with different stipulations. For instance, some payments are on a temporary or one-time basis, while others have longer terms and conditions.

Temporary alimony

Temporary alimony refers to short-term payments made from one spouse to the other during the court proceedings. It is only in effect until either the court makes a final decision on the case or the spouses reach an agreement in mediation .

For instance, if a case is ongoing, the lesser-earning spouse might need financial support to help cover continued expenses like the mortgage or electricity bills. Therefore, the higher-earning spouse would pay temporary alimony for a specific amount of time until the details are finalized.

It's important to note that just because a spouse made temporary payments doesn't mean they're off the hook for additional alimony payments. They may owe another type of alimony, depending on what's determined in mediation or court.

Rehabilitative alimony

Like temporary alimony, rehabilitative alimony is a short-term payment that the higher-earning spouse only pays until the other spouse can financially get on their feet. The payments are usually set for a specific set of time.

For example, rehabilitative alimony might go into effect only until the lower-earning spouse gets a job and starts earning their own money. Similarly, the payment may end once the receiving spouse earns a degree, certification, or job training that would help them become self-supporting.

Permanent alimony

As its name suggests, permanent alimony is paid indefinitely in regular installments. Also called long-term support, this kind of alimony does not have a set end date. That said, permanent alimony does terminate if one spouse dies or if the receiving spouse remarries. In some cases, the paying spouse might also be able to terminate the alimony if the receiving spouse cohabitates with a new partner.

Traditionally, permanent alimony was designed for wives who stayed at home raising the kids while their husbands worked, meaning they didn't have the training or skill set to get a job following their divorce. Because this situation is less common today, permanent alimony is rare and often reserved for spouses who cannot work due to a physical or mental condition after their divorce.

Reimbursement alimony

Reimbursement alimony is unique in that it's based on one's past contributions rather than one's future needs. In this circumstance, one spouse is responsible for repaying the other spouse for contributing to their job training, education, or professional growth during the marriage. This compensation is a one-time payment or a short series of payments—it's not meant to provide long-term financial assistance.

Let's say one spouse covered the cost of the other's college tuition while married. If the court ordered reimbursement alimony, the one who provided the financial support would receive compensation from their former spouse.

Lump-sum alimony

Unlike other alimony payments that occur in ongoing installments, lump-sum alimony refers to a one-time payment from the higher-earning spouse to the other lower-earning spouse. Once the spouse makes the required payment, there is no more financial obligation.

Some parties prefer this kind of alimony because they can get it all done at once and don’t have to worry about future communication or interactions with their exes. Also, once the spouse receives the payment, they cannot go back to the courts and request another or higher payment in the future.

There are several moving parts to the alimony process, which includes navigating how to file for it and understanding what determines how it is awarded.

There are a lot of factors that influence alimony decisions. Let’s look at how the process works and what determines the amount, modification, or termination of alimony.

Factors that influence alimony payments and decisions

So, how much alimony is owed after a divorce? It depends; there’s no one-size-fits-all formula.

For example, if you were married for more than a decade, you may pay more than if you were only married for a couple of years. Or, if you have a chronic illness that makes you unable to work, you may receive higher payments due to your health condition.

The following are just a few of the many factors that can impact the amount of alimony awarded:

• Jurisdiction. Each state has its own laws, and certain areas may be more or less sympathetic to alimony claims. The judge who oversees the case also plays a big role in the decision.
• Length of the marriage. How long a couple was married will influence how much is owed and how long the payments last.
• Financial condition of both spouses. The court will look at the earning capacity of both spouses, such as their income, education, and job opportunities, as well as their financial needs and living expenses.
• Contributions to the marriage. The court will consider non-financial support during the marriage, such as homemaking and child-raising responsibilities.
• Standard of living during the marriage. The goal is to maintain a similar standard of living established during the marriage post-divorce. This allows people to leave marriages without feeling obligated to stay for financial security.
• Health and age of both spouses. The court will consider how age and health conditions may impact their earning capacity, often in favor of granting the older or less healthy spouse some support.
• Fault. Some jurisdictions consider the impact of certain faults or grounds for divorce, such as adultery, when determining alimony.

The process of getting alimony

Before a court can award alimony, the two spouses must first go through the legal separation or divorce process . This involves taking the appropriate legal actions, such as filing a petition and negotiating the terms.

Some important steps in the process include the following:

• Hiring lawyers. Acquiring separate legal counsel helps both spouses navigate the process and advocate for their own best interests.
• Formal filing for divorce or legal separation. One spouse must file a divorce or separation petition to initiate the process. As part of the petition, they can request alimony payments.
• Temporary order request. During the divorce proceedings, a spouse can request temporary payments to help cover their living expenses. The court will review the request and determine whether to order temporary alimony.
• Financial disclosures. At this stage, both spouses must disclose all their financial records, such as their income, assets, debt, and living expenses, along with financial documents like tax returns and bank statements.
• Negotiation and mediation. With the help of their attorneys, both spouses need to negotiate their alimony agreement. They can go into mediation and come to a resolution outside of court.
• Court hearing. If they can't agree on the terms, both spouses will attend court with their attorneys and have a judge determine the terms of their divorce or separation agreement.
• Alimony order. As part of the court proceedings, the judge will decide on the kind of alimony to be granted and specify how much is owed and for how long.
• Enforcement. The receiving spouse can file a motion for enforcement if the paying spouse doesn't comply with the court order. The court has various methods for enforcing payments, such as ordering wage garnishments or levying their bank accounts.

Modification and termination of alimony

Are these court-ordered payments set in stone? No, not always. There are some circumstances in which one spouse may have a case for modifying or terminating the agreement in court. However, for this to occur, the former spouse must go through legal steps, which include filing the appropriate documents with the court and receiving the judge's approval.

While the specific requirements may vary from one state to the next, there are a few common qualifying conditions.

• Change in income or employment status. If the paying spouse experiences a loss in income, they can request a lower payment. However, if the paying spouse experiences an increase in income or the recipient spouse loses their job, the recipient spouse can request a higher payment. The same goes for changes in education or job training that would make one spouse more qualified for work and job opportunities.
• Change in financial needs. If the recipient spouse experiences a change in living expenses, like if they faced expensive medical bills following a health condition, they may qualify for higher alimony payments.
• Change in living arrangements. If the recipient spouse moves in with a new partner or remarries, the paying spouse may be able to modify or terminate the agreement.
• Retirement. If the paying spouse retires and can prove they can no longer afford to pay alimony on their retirement income, they may be able to change the terms of the agreement.
• Death of either spouse. If either spouse dies, alimony will terminate.

The best way to help ensure fair alimony is to consult with an alimony lawyer , also known as a spousal support lawyer. An alimony lawyer understands all the ins and outs of the law and can help negotiate alimony agreements in your favor.

The following are just a few examples of what a lawyer can do for you:

• Give legal advice. They will review your circumstances and provide counsel on the best course of action.
• Gather evidence. They understand what kind of documents and evidence are needed to build your case.
• Navigate state laws. They know their way around the legislation that governs your jurisdiction.
• Negotiate. They can help resolve disagreements and help you settle with your ex outside of court, saving you money.
• Represent you in court. They will present your case in court and advocate for your interests if you go to trial.
• Enforce payments. They can help you file a complaint with the court if your ex-spouse doesn't pay their required alimony.

Learn 10 questions you should ask a spousal support lawyer here.

Here are some answers to some frequently asked questions about alimony and spousal support: 

How long does alimony last?

The duration of alimony payments depends on the negotiated terms and the specific type of alimony. For instance, if it's rehabilitative alimony, the ex-spouse only needs to pay for a set period, but if it's permanent alimony, they're typically required to continue paying until their ex remarries or either spouse dies.

However, in some cases, the duration of payments depends on the duration of the marriage. For instance, in California, if they were married for fewer than 10 years, alimony payments would last for half the length of the marriage.

Furthermore, some spouses may request modifications or terminations if they meet certain qualifying conditions, which could change the terms of the agreement. 

How is alimony calculated?

There is no standard formula for calculating alimony payments, but some states and jurisdictions do provide guidelines. For example, some calculations subtract a percentage of the payee's monthly net income from a percentage of the payer's monthly net income, while others use a formula based on the length of the marriage.

Depending on the jurisdiction, the judge may have more discretion and determine the alimony conditions based on the facts of the case and judicial precedent.

Is alimony taxable?

As part of the Tax Cuts and Jobs Act of 2017 for federal taxes, alimony payments are no longer considered taxable income for the recipient or tax-deductible for the payer for divorces that were finalized in 2019 and beyond. This means the payer can't deduct the alimony payments on federal income tax forms, and the payer can't report alimony as income on their federal income tax forms.

However, some states' tax laws differ from federal tax laws regarding spousal support. For instance, in California, the payer can still deduct the payments on their state tax forms, and the recipient can report it as income on their state tax forms.

Because of these nuances between state and federal tax laws, we recommend contacting an attorney or accountant for further guidance.

Can alimony be awarded in a civil union or domestic partnership?

Yes, alimony can be awarded in a civil union or domestic partnership if the jurisdiction legally recognizes the relationship. When alimony is granted in a domestic partnership, it's called domestic partner support.

What’s the difference between alimony and child support?

Alimony refers to payments made to an ex-spouse, while child support is the payment made to the spouse's children. In short, alimony helps maintain the ex's standard of living after the divorce, and child support payments help maintain the kids' standard of living following the divorce. Alimony and child support are two separate payments, and the paying spouse could owe both following their divorce. 

Can a prenup prevent alimony?

Yes. A prenup is a premarital agreement that can outline the conditions for alimony following a divorce. It can limit the payments, determine when they will end, or prevent them altogether. If a prenup is in place, the lawyers and/or court will review the terms and conditions.

What happens if alimony isn't paid?

If your spouse doesn't pay alimony, your lawyer can help you file the appropriate documents with the court to enforce payments. Since failure to pay spousal support violates court orders, the judge has a few methods for enforcing payments.

For one, the judge can order a wage garnishment, in which the ex-spouse's employer withholds a portion of their pay to cover their debt, or the judge can levy the ex-spouse's bank account, allowing the bank to remove the debt directly from their account. The judge can also order the IRS to intercept tax refunds or stimulus payments and direct that money to you. In extreme cases, the judge may find your ex-spouse in contempt of court and could order jail time.

That said, if your ex-spouse can no longer afford to pay spousal support, then they can file a motion with the court to modify or even terminate the payments.

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Iowa Admin. Code r. 441-95.14 - Termination of services

• State Regulations

This rule is intended to implement Iowa Code sections 252B.4 , 252B.5 , and 252B.6 .

State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.