Iowa Code § 598

Section 598.21(8) permits modification of child support when a substantial change in circumstances affecting the child, such as persistent emotional or educational difficulties requiring special schooling, justifies increased support; a change in the obligor's finances is not the only sufficient change.

In Re the Marriage of Mayer · filed 1984-02-21(8)

While a substantial change in a party’s financial circumstances may be a sufficient basis for modification of support provisions, it is not the sole change of circumstances that will justify modification. Iowa Code § 598.-21(8); ... We hold that the difficulties being experienced by the parties’ child, Dennis, constitutes a sufficient change in circumstances to justify modification of the child support provisions of the parties’ dissolution decree.

Section 598.41(1) supports awarding sole custody to the other parent when one parent interferes with the other parent’s contact with the child.

In Re the Marriage of Gonzales · filed 1985-06-25(1)

A parent’s interference in this area may warrant awarding sole custody to the other parent.

Section 598.41(3)(c) makes the parents’ ability to communicate about the child’s needs a custody factor, but communication problems justify denying joint custody only when they exceed ordinary divorce acrimony.

In Re the Marriage of Ertmann · filed 1985-09-24(3)(c), (4)

Whether the parents can communicate with each other regarding the child’s needs is one factor to be considered by the court in determining if joint custody is in the child’s best interest. Iowa Code § 598.-41(3)(c) (1983). ... To be significant enough to justify a denial of joint custody, a lack of ability to communicate must be something more than the usual acrimony that accompanies a divorce.

Section 598 supplies the legal basis for requiring a divorced parent to support an adult child’s education, including support after age 18.

Vrban v. Levin · filed 1986-06-25

The only legal obligation a parent has to help with the education of an adult child is that obligation which can be imposed under Iowa Code § 598 (1985). ... The obligation to pay support to children of divorced parents beyond their 18th birthday is an obligation created solely by statute.

Section 598.21(4)(a) requires written findings that the guideline child-support amount would be unjust or inappropriate before a court may depart from it, based on recognized criteria.

State Ex Rel. Epps Ex Rel. Epps v. Epps · filed 1991-07-17(4)(a)

To justify a departure from the guidelines, the court must furnish written findings that the scheduled amount would be “unjust or inappropriate” under criteria developed by this court. Iowa Code § 598.-21(4)(a) (1991).

Section 598.21(1)(g) requires the court, when distributing property, to consider the desirability of awarding the family home to the physical custodian.

In Re the Marriage of Peterson · filed 1992-08-27(1)(g)

In distributing property, the court shall consider the desirability of awarding the family home to the physical custodian. Iowa Code § 598.-21(l)(g). Here, by agreement of the parties, Marjorie was awarded physical custody of the children.

Section 598.20 makes rights not specifically reserved in a final dissolution decree lost upon entry of the decree.

In Re Marriage of Grandinetti · filed 1983-10-25

Furthermore, Tom failed to specifically reserve in the dissolution decree any rights he may have had with respect to the settlement proceeds, even though he knew at that time that such a settlement was imminent. Consequently these rights were lost in the entry of the final decree. Iowa Code § 598.-20.

A deviation of more than ten percent between an existing child-support order and the amount calculated under current guidelines constitutes a substantial change permitting modification, and the court applied that standard here.

In Re the Marriage of Salmon · filed 1994-04-26(9)

The district court is permitted to modify orders for child support when there is a substantial change in circumstances. ... Furthermore, a ten-percent deviation between the child support originally ordered and the child support calculated by the current uniform child support guidelines constitutes a substantial change in circumstances permitting modification of the child support obligation. Iowa Code § 598.-21(9). ... We also find that Christopher’s original child support obligation of $433 deviates by more than ten percent from the support obligation under the current guidelines. Accordingly, we modify Christopher’s child support obligation.

Section 598.1(3) gives parents with joint custody equal legal rights and responsibilities, while section 598.1(5) defines physical care as the right and responsibility to maintain the principal home and provide routine care for the children.

In Re Marriage of Smiley · filed 1994-06-22(1)(3), (1)(5)

Under the governing statute, joint custody gives the parents equal legal rights and responsibilities over the children. Iowa Code § 598.1(3) (1991). It is distinguished from physical care, which is the right and responsibility to maintain the principal home and to provide routine care for the children. Iowa Code § 598.1(5). Although the concepts present different issues, they are obviously related.

Section 598.21(9) means the State need not prove a substantial change of circumstances when seeking review and adjustment of child support under the chapter 252B services process.

State Ex Rel. Weber v. Denniston · filed 1993-04-21(9)

We conclude there is no statutory authority that requires the State to prove a substantial change of circumstances in a petition for review and adjustment of child support.