Iowa Code § 598.21

Section 598.21(4)(b) allows departure from the child support guidelines when their application would be unjust or inappropriate; substantial injustice to the children can limit a depreciation deduction.

In Re the Marriage of Worthington · filed 1993-05-26(4)(b)

See Iowa Code § 598.21(4)(b). Marc has the burden of proving the application of guidelines would be unjust or inappropriate. ... However, we are unwilling to give Marc full credit for the entire amount of depreciation he has claimed in light of the substantial injustice which would result to the three children.

Section 598.21(4) directs the supreme court to consider support obligations for other children when reviewing child support guidelines, but does not require district courts to change their application of the current guidelines.

STATE EX REL. DHS v. Cottrell · filed 1994-03-23(4)

The amendment to section 598.21(4) is directed to the supreme court and our review of the guidelines. It does not mandate a specific change, only that consideration be given in some manner for support provided for other children for whom either parent is responsible.

Section 598.21(4) directs the supreme court to consider support for other children when reviewing child support guidelines, but does not require district courts to change how they apply the current guidelines.

State ex rel. Department of Human Services v. Cottrell · filed 1994-03-23(4)

The amendment to section 598.21(4) is directed to the supreme court and our review of the guidelines. It does not mandate a specific change, only that consideration be given in some manner for support provided for other children for whom either parent is responsible.

Section 598.21(4)(a) treats clothes, school supplies, and recreation as covered by the child support guidelines, so a separate support order for those expenses requires a finding that the guideline amount would be unjust or inappropriate.

In Re the Marriage of Gordon · filed 1995-09-22(4)(a)

Thus, we believe expenses for clothes, school supplies and recreation activities are considered under the guidelines, and a separate support order covering such expenses is improper absent a finding that the guidelines amount would be unjust or inappropriate.

Section 598.21(4)(a) permits departure from the child support guidelines when written findings show the guideline amount would be unjust or inappropriate; the findings may establish that conclusion implicitly without using specific words.

State ex rel. Goers v. Chekal · filed 1994-10-25(4)(a)

To justify a departure from the guidelines, the court must make written findings the scheduled amount would be “unjust or inappropriate” under the criteria established by our supreme court. Iowa Code § 598.21(4)(a) (1993). ... The trial court did everything it needed to do in order to deviate from the guidelines, except use the “magic words,” that it was, in fact, deviating from the guidelines. ... Implicit in the trial court’s findings is the fact strict application of the guidelines would result in injustice due to Jeffrey’s obligations to his three other children.

Section 598.21(4)(a) permits a downward departure from the child support guidelines when the scheduled amount would be unjust in light of the parent’s obligations to other children.

State Ex Rel. Miles v. Minar · filed 1995-09-22(4)(a)

The scheduled amount, however, is not unassailable, but may be increased or decreased if the court finds it is necessary to provide for the needs of the children or do justice between the parties under the special circumstances of the case.

Section 598.21(4)(a) presumes that the child support guidelines apply unless they would cause injustice or hardship; shared physical care alone does not justify a proportional reduction.

In Re the Marriage of Fox · filed 1997-02-19(4)(a)

Our cases have consistently conformed to the statutory presumption favoring the guidelines unless their application would lead to injustice or hardship.

Section 598.21(4)(a) requires a written finding that applying the child support guidelines would be unjust under special circumstances before a court may deviate; a parent’s greater net worth does not by itself require a departure.

In Re the Marriage of Thede · filed 1997-05-29(4)(a)

A court cannot depart from the guidelines without a written finding application of the guidelines would be unjust under the special circumstances of the ease. ... On our de novo review, we find the trial court did not abuse its discretion in not deviating from the guidelines. ... There is no reason, upon a review of this record, why the fact Michael’s net worth is more substantial than Wendy’s would justify a departure from the guidelines.

Section 598.21(4)(a) permits an upward deviation from the child support guidelines based on income a current spouse earns from money or bonds gifted by the support obligor.

In Re the Marriage of Will · filed 1999-07-23(4)(a)

Generally, the child support guidelines are to be strictly followed unless their application would lead to an unjust or inappropriate result. Iowa Code § 598.21(4)(a). ... There is generally no basis to consider the income of a current spouse with dependent children as a factor supporting an upward deviation from the guideline amount. However, we have deemed it fair to consider income his current wife earns on the money and bonds Roger gave her in assessing a deviation.

Section 598.21(4)(a) presumes the child support guidelines amount is correct; an upward departure requires evidence sufficient to overcome that presumption.

In Re the Marriage of Knickerbocker · filed 1999-10-13(4)(a)

Based upon our de novo review of the record, we find no evidence justifying an upward departure from the guidelines. Specifically, there was no evidence that the withdrawals were other than of capital from the partnership. Verna has not overcome the presumption that application of the child support guidelines figure would be the correct amount to be awarded.

Section 598.21(4)(a) allows support beyond the guideline amount only for unique child expenses the guidelines do not account for.

In Re the Marriage of Okland · filed 2005-07-01(4)(a)

Thus, it would be necessary to supplement the amount of support as provided under the guidelines with additional support provisions, or otherwise deviate from the guidelines, only to take into account unique- expenses of a child not contemplated under the guidelines.

Section 598.21(4)(a) requires courts to follow the child support guidelines unless applying them would produce an unjust or inappropriate result.

In re the Marriage of Jensen · filed 2018-09-12(4)(a)

The child support guidelines are to be strictly followed unless their application would lead to an unjust or inappropriate result. See Iowa Code § 598.21(4)(a). Upon our de novo review, we conclude that $693.00 for two children is a reasonable and necessary amount of child support.

The amendment to section 598.21(4) does not require a district court to deduct support for other children that has not been court-ordered when computing a parent’s net monthly income.

State Ex Rel. Reaves v. Kappmeyer · filed 1994-03-23(4)

In a case decided after the court of appeals decision here, we held that the recent amendment to section 598.21(4) does not require the district court to alter the manner in which it computes net monthly income to account for a parent’s support obligations that are not court-ordered.

Section 598.21(8) permits an incarcerated parent’s equity in the family home to be charged for child support payments the parent cannot make during incarceration.

In Re the Marriage of Vetternack · filed 1983-06-15(8)

We agree with the trial court that the petitioner’s equity in the house should be charged for the support payments he is unable to meet during the period of his incarceration. The crucial thing is that, during petitioner’s incarceration, it will continue to be necessary to care, feed, and provide for his children. He remains responsible for those expenses. It would not be equitable for his equity in the home to remain set off to him while his children were being supported by others.

Section 598.21(8) does not treat improved blood-testing technology as a change in circumstances warranting modification of child support when the child’s blood type has not changed.

In Re the Marriage of Detert · filed 1986-06-04(8)

The change was in technology which is not cognizable as a change in circumstances under section 598.21(8).

Section 598.21(8) permits modification of child support and related decree provisions upon a substantial change in circumstances, considering each parent’s earning capacity, economic circumstances, and the cost of living.

In re the Marriage of Brands · filed 1986-06-25(8)

Child support awards and related provisions of the decree may be subsequently modified when there is a substantial change of circumstances. Iowa Code § 598.21(8) (1985). The court contemplating a change in circumstances shall consider each parent’s earning capacity, economic circumstances, and the cost of living. ... After considering these factors, we affirm the modification with one exception.

Section 598.21(8) requires courts deciding child support modifications to consider earning capacity; reduced actual income alone may not justify a greater reduction unless the change is sustained.

In Re the Marriage of Wahlert · filed 1987-02-18(8)

We cannot say that the district court ruled inequitably in finding a substantial change in circumstances and in only lowering Joel’s child support obligation $60 per month. The original decree was based on Joel’s 1981 taxable income of $16,000. The court evaluated Joel’s lower earning capacity based on his testimony that he could perform only farm related tasks for agricultural operations. The change in his actual farm income was not continuous and permanent enough to warrant a greater reduction in his child support obligation.

Section 598.21(8) guides courts considering modifications of support under chapter 675.

Mason v. Hall · filed 1988-02-17(8)

In considering modifications of support under chapter 675 a court is guided by the principles set out in Iowa Code section 598.21(8).

Section 598.21(8)(a) permits prospective modification of a support order upon proof of a substantial change in a party’s employment, earning capacity, income, or resources.

Newman v. Newman · filed 1990-02-21(8)(a)

This assignment of responsibility dovetails with the statutory scheme which allows for modification upon proof of a substantial change in circumstances relating to “employment, earning capacity, income or resources of a party.” ... Such modification works prospectively, however.

Section 598.21 permits an initial dissolution decree to schedule future child-support increases based on the obligor’s expected return to established earning capacity without requiring a later showing of changed circumstances.

In Re the Marriage of Gratias · filed 1987-03-31(4), (8)

Douglas argues that this provision impermissibly bypasses the requirement that a party seeking modification of a dissolution decree's support obligations demonstrate a material and substantial change in circumstances. See Iowa Code § 598.21(8) (1985). We think this argument specious. This district court, in establishing this agenda for the support payments, was expressly attempting to allow Douglas the opportunity to "restore his earnings to the level of his established capacity." We think the district court was well within its discretion in doing so and see no reason to disturb its decree in this respect. See Iowa Code § 598.21(4) (1985); cf. In re Marriage of Vetternack, 334 N.W.2d 761, 763 (Iowa 1983) (identifying trend in modification proceedings to emphasize long-range capacity to earn over short-term inability to pay).

Section 598.21 requires a substantial change in circumstances to modify a child support order entered before October 12, 1989; new child support guidelines alone do not establish that change.

In Re the Marriage of Bergfeld · filed 1991-02-20(8)

Second, the child support guidelines now in effect do not — standing alone — constitute a change in circumstances as to a child support order entered pursuant to section 598.21 before October 12, 1989.

Section 598.21(8) permits modification of a dissolution decree when a child’s change of residence constitutes a substantial change in circumstances.

In re the Marriage of Keller · filed 1991-10-29(8)

Doug’s change of residence constitutes a substantial change in circumstances warranting a modification of the dissolution decree.

Section 598.21(8) does not permit child support modification based on inflation that the original decree anticipated through a cost of living adjustment provision.

In Re Marriage of Chmelicek · filed 1991-11-26(8)

We find that increases in the cost of living were clearly contemplated, and indeed were anticipated, by the court in the original dissolution decree. This fact is evidenced by the existence of a COLA provision in the original decree. Therefore, inflation should not have been considered by the trial court to have contributed to a material and substantial change in the parties’ circumstances since the entry of the original decree.

Nontaxable veterans’ disability benefits count as income when determining whether changed circumstances justify modifying child support and when setting the support amount.

In Re the Marriage of Lee · filed 1992-06-17(8)(a)

The guidelines do not limit the definition of gross income to that income reportable for federal income tax purposes. Although veterans’ disability benefits, social security disability or retirement payments, and workers’ compensation benefits are exempt from federal taxes, they are properly considered as income in determining if a substantial change in circumstances has been established and in determining the amount of child support.

Section 598.21 does not treat incarceration resulting from an obligor’s voluntary criminal conduct as a substantial change justifying suspension of child support, even when the obligor lacks assets.

In Re the Marriage of Phillips · filed 1992-10-27

We hold Alan’s incarceration for sexual abuse fails to constitute a substantial change in circumstances which would justify modification of his child support obligation. It would not be equitable to suspend his responsibility for his children while he is incarcerated.

Section 598.21(8) does not treat private school tuition payments as a material and substantial change in circumstances sufficient to modify child support.

In re the Marriage of Bolick · filed 1993-02-23(8)

Iowa Code section 598.21(8) (1991) sets forth the required considerations when reviewing a petition for modification. We do not believe tuition payments for attendance at a private school constitute a material and substantial change in circumstances sufficient to warrant modification.

Section 598.21(8) requires courts deciding whether changed circumstances justify modifying child support to apply its listed legislative considerations.

In Re the Marriage of Robbins · filed 1994-01-19(8)

In addition to these general principles applicable in deciding whether a change of circumstances has occurred, the court must apply the legislative considerations listed in section 598.21(8) (1993).

Under § 598.21(8)(a), an increase in the custodial parent’s income alone does not establish a substantial change in circumstances warranting reduced child support.

In Re the Marriage of Dawson · filed 1991-03-20(8)(a)

We agree with Dana that her increase in income over the past decade — standing alone — does not constitute a substantial change in circumstances.

Section 598.21(8) permits modification of a dissolution decree when a change in tax law substantially changes a parent’s ability to claim child dependency exemptions, even if the original decree was silent about them.

In Re the Marriage of Feustel · filed 1991-03-20(8)

Sub silentio, most modification attempts of dependency exemptions would be barred where the original decree was silent as to whether the husband or the wife could claim them. This result is not required by the statute or our cases, and it frustrates equity. The trial court erred in its analysis of the requirements of section 598.21(8). ... The substantial change established is that the change in the tax law deprived him of his right to claim and prove his entitlement to dependency exemptions that he was not otherwise prevented from claiming under the terms of the original decree.

Section 598.21(8) permits modification of a dissolution decree when a substantial change in circumstances justifies a child support award.

In Re the Marriage of Reedholm · filed 1993-02-02(8)

Under Iowa Code section 598.21(8) (1991), the court may modify a decree where there has been a substantial change of circumstances. ... We agree with the district court’s finding that there was a substantial change of circumstances since the time of the decree which justified awarding Rick child support.

Section 598.21(9) does not require the State to prove a substantial change of circumstances when seeking review and adjustment of child support under chapter 252B.

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.

Section 598.21(4) requires a party seeking to adjust child support, including a non-guideline award, to seek modification rather than rely on an automatic cost-of-living adjustment in the decree.

In Re the Marriage of Ludwig · filed 1991-10-29(4)

Application of the child support guidelines is governed by Iowa Code section 598.21(4). ... Just as a party must file to modify a guidelines support order, so too a party must now file to modify a non-guideline support order. We determine, under the circumstances here, the trial court erred by including a COLA provision in the dissolution decree.

Section 598.21(8)(k) treats advances in paternity testing as a possible substantial change in circumstances justifying modification of child support.

STATE EX REL. HUNTER, BY HASTIE v. Hunter · filed 1993-06-16(8)(k)

Iowa Code section 598.21(8)(k) provides that changes in technology relating to the determination of paternity shall be considered in determining whether there is a substantial change in circumstances justifying modification.

Section 598.21(8) treats DHS as a party to a support modification proceeding when support payments have been assigned to DHS.

State Ex Rel. Phipps v. Phipps · filed 1993-07-21(8)

The State (DHS) is considered a party to a support order in a modification of support proceeding if the support payments have been assigned to DHS. Iowa Code § 598.21(8) (1985).

Section 598.21(8) permits modification of child support upon a substantial change in circumstances, considering changes in employment, earning capacity, and income.

In re the Marriage of Eastridge · filed 1995-01-23(8)

The trial court may modify orders for child support when there is a substantial change in circumstances. Iowa Code § 598.21(8) (1993). By statute, specific factors are to be considered in making this determination. Iowa Code § 598.21(8), (9). These factors include change in employment, earning capacity, and income of the parties. Iowa Code § 598.21(8)(a).

Section 598.21(9)’s ten percent deviation rule does not displace a decree provision requiring annual child support adjustments tied to increases in income.

In Re the Marriage of Colby · filed 1997-06-26(9)

Moreover, we discern no inequity in a decree requiring an annual adjustment in child support tied to annual increases in income, even with the availability of the ten percent deviation rule. An annual adjustment provision is more responsive to changes in a parties’ ability to pay child support, and is typically more cost-effective than a modification action. It continues to be an appropriate provision in a dissolution decree notwithstanding the adoption of the ten percent deviation rule.

Section 598.21(8)(a) requires consideration of a parent’s earning capacity and ability to pay when deciding whether reduced income after incarceration warrants modification of child support, even if voluntary criminal conduct caused the reduction.

In Re the Marriage of Walters · filed 1998-03-25(8)(a)

Extending our holding in Vettemack, we find that although Douglas’ current financial status is the result of his voluntary criminal activity, some consideration of his earning capacity and ability to pay is necessary.

A substantial change in circumstances permits, but does not require, modification of a child support order.

In Re the Marriage of Maher · filed 1999-07-30(8)

We agree that these facts do constitute a substantial change in circumstances. Nevertheless, we conclude for reasons that follow that such changes do not warrant modification of the support order. See Iowa Code § 598.21(8) (“[T]he court may subsequently modify orders made under this section when there is a substantial change in circumstances.”) (emphasis added).

Section 598.21(9) does not permit a child support reduction based on a ten-percent guideline variance calculated from actual earnings when the parent’s earning capacity must be used to meet the child’s needs and do justice between the parties.

In Re the Marriage of McKenzie · filed 2006-02-03(9)

Consequently, a strict application of the child support guidelines using Timothy’s actual earnings under the circumstances of this case would not provide for the needs of his child and would result in a substantial injustice between the parties. Therefore, it is necessary to use Timothy’s earning capacity to determine his child support obligation under our guidelines. ... $485 does not vary more than ten percent from the amount of Timothy’s child support obligation set by the original decree. Accordingly, a substantial change of circumstances does not exist under section 598.21(9) and Timothy is not entitled to a reduction in his child support obligation.

Section 598.21(9) applies to modification of child support amounts established in paternity actions.

Schuler v. Rodberg · filed 1994-05-25(9)

We hold that section 598.21(9) applies to modification of child support amounts established in paternity actions.

Section 598.21 allows child support modification when the current award differs by at least ten percent from the amount due under the current guidelines, including when earning capacity supplies the income figure.

In Re the Marriage of Raue · filed 1996-07-26(8), (9)

A substantial change in circumstances exists, among other conditions, when the court-ordered child support award deviates by ten percent or more from the amount that would be due under the most current child support guidelines. ... Jack’s support obligation under the uniform guidelines for two children is $367.20. This amount is greater than ten percent of Jack’s prior obligation and constitutes grounds for modification.

Section 598.21(8)(g) makes a party’s remarriage a factor in deciding whether circumstances have substantially changed.

In Re Marriage of Smiley · filed 1994-06-22(8)(g)

Second, there have been material and substantial changes in the conditions of Gary’s and Debra’s households. Both Gary and Debra have remarried. ... Peggy’s presence has helped to maintain basic discipline and a stable home for the children. See Iowa Code § 598.-21(8)(g) (providing that in determining whether a substantial change of circumstances has occurred the court shall consider among other things remarriage of a party).

Section 598.21(8)(c) and (e) list changes in a party’s medical expenses and physical or emotional health as factors in deciding whether circumstances have changed substantially enough to modify a support decree.

In Re the Marriage of Cooper · filed 1994-08-25(8)(c), (e)

The Iowa Code provides “changes in the medical expenses of a party” and “changes in the physical or emotional health of a party” as specific factors for the court to consider in determining whether there has been a substantial change in circumstances. Iowa Code § 598.21(8)(c), (e) (1993). ... Under these circumstances, the trial court erred in refusing to modify the decree.

Section 598.21(9) treats a child support order that differs by ten percent or more from the current guidelines amount as a substantial change in circumstances; a prior stipulation to a below-guidelines amount does not bar modification when the parties’ incomes have substantially changed.

In Re the Marriage of Guyer · filed 1994-10-19(9)

Based on the parties’ - current incomes, the amount of child support Curtis was obligated to pay varied by more than ten percent from the amount owing under the current guidelines. Therefore, under section 598.21(9), there had been a substantial change in circumstances.

Section 598.21(8) permits modification of child support when a substantial change in a parent’s income warrants it.

In Re the Marriage of Gilliam · filed 1994-10-25(8)

In addition, we find there has been a substantial change in Jeffrey’s income, which warrants a modification in Jeffrey’s child support payments under section 598.21(8).

Section 598.21(8A) permits a court to treat relocation of a child’s residence at least 150 miles from the residence at the time custody was granted as a substantial change in circumstances.

In Re the Marriage of Mayfield · filed 1998-02-25(8A)

These cases pre-date legislative changes providing if a parent is to relocate the residence of a minor child to a location one hundred fifty miles or more from the residence of the minor child at the time custody was granted, the court may consider the relocation a substantial change in circumstances. ... Applying this legislative change, we find Dennis has shown a substantial change of circumstances.

Section 598.21(8) permits modification of alimony and child support when circumstances substantially change, and the party seeking modification must prove the change by a preponderance of the evidence.

In Re the Marriage of Rietz · filed 1998-10-21(8)

A dissolution court may modify child support and alimony provisions of a dissolution decree when there has been “a substantial change in circumstances.” Iowa Code § 598.21(8) (1995). The party seeking modification must prove the change in circumstances by a preponderance of the evidence.

Section 598.21(8) treats proven cohabitation as a substantial change of circumstances for modifying spousal support and shifts the burden to the recipient to show why support should continue.

In Re the Marriage of Ales · filed 1999-01-27(8)

Therefore, in future cases the petitioner in a modification action will be required to show there is a cohabitation to meet the substantial change of circumstances requirement under Iowa Code section 598.21(8). Then, the burden will shift to the recipient to show why spousal support should continue in spite of the cohabitation because of an ongoing need, or because the original purpose for the support award makes it unmodifiable.

Section 598.21 requires a substantial change in circumstances to modify child support, and a self-inflicted decrease in income does not qualify.

In Re Marriage of Hester · filed 1997-04-30

There must be a substantial change of circumstances to warrant modification of child support provisions of a dissolution decree. Iowa Code § 598.21 (1997). ... Because her decrease in income was self-inflicted, we find a change in circumstances does not exist to modify the child support provision.

Section 598.21(8) permits modification of alimony upon a substantial change of circumstances, but voluntary expenditures and uncertain employment did not justify modifying the obligation.

In Re the Marriage of Romanelli · filed 1997-11-26(8)

A dissolution decree may be modified if there has been “a substantial change of circumstances.” Iowa Code § 598.21(8) (1995). ... In summary, we conclude neither party has established a change of circumstances that justify a change in the alimony provisions of the dissolution decree as modified by the court of appeals.

Section 598.21(8) permits modification of an alimony obligation measured by pension benefits if the requisite change in circumstances is proved.

In Re the Marriage of Martin · filed 2001-06-13(8)

Because the disputed dissolution decree provision constitutes an alimony award, it can be modified if Joseph proves the requisite change in circumstances.

Section 598.21(8) permits a spouse’s previously unknown earning potential to support a substantial change in circumstances extending alimony.

In Re the Marriage of McCurnin · filed 2004-05-12(8)

An unknown earning potential of a spouse may be considered in determining whether there has been a substantial change in circumstances sufficient to extend alimony. ... Given all of this evidence, we are satisfied that Jennifer has shown a substantial change in circumstances justifying extension of the alimony beyond November 1, 2001 in the amount of $1500 per month.

Section 598.21(8) permits a child support order retroactive to the filing of a modification petition even when the dissolution decree imposed no support obligation on that parent.

In Re the Marriage of Chesterman · filed 1990-09-26(8)

We disagree. In doing so, we hold that the court does have the authority to require payment of child support retroactive to the date of the filing of the modification petition even in those circumstances when the dissolution decree created no obligation to pay child support.

The 1990 amendment to § 598.21 permits child support to be decreased retroactively to the modification petition date but does not apply to alimony.

In Re the Marriage of Phares · filed 1993-03-30

We agree with the trial court that the amendment allows child support to be modified retroactively to the date of the petition. ... The 1990 amendment to Iowa Code section 598.21 applies only to child support.

Section 598.21(8) allows a child support modification to be retroactive no earlier than service of notice of the petition, but does not require retroactivity.

In Re the Marriage of Smith · filed 1993-05-04(8)

Iowa Code section 598.21(8) provides “[a]ny modification of child support brought under this [section] can be made retroactive only to the date on which the notice of the pending petition for modifieation is served on the opposing party.” Iowa Code § 598.21(8) (1991). The section does not mandate retroactive application.

Section 598.21(8)(1) makes a stipulation modifying child support effective only if the court approves it after notice and an opportunity to be heard.

In Re the Marriage of Van Zee · filed 1992-05-28(8)(1)

The binding force of a stipulation as to child support depends on the approval of the court.

Section 598.21(8) permits retroactive modification of child support only from three months after notice of the modification petition is served on the opposing party.

In Re the Marriage of Belger · filed 2002-12-18(8)

Judgments for child support subject to modification may be retroactively modified only from three months after the date the notice of the pending modification petition is served on the opposing party. Iowa Code § 598.21(8) (2001).

Section 598.21(8) permits a child support award modified under chapter 252A to be made retroactive to the date notice of the modification petition is served.

McIntire v. Leonard · filed 1994-06-22(8)

This was consistent with Iowa Code chapter 598 allowing child support awards modified under chapter 252A to be retroactive to the date notice of the petition is served. Iowa Code § 598.21(8). To order the increase of child support, retroactive to date of filing, was within the court’s authority.

Section 598.21(8)(j) permits retroactive modification of child support only from the date notice of the pending petition is served on the opposing party.

In Re the Marriage of Eilers · filed 1994-11-28(8)(j)

Judgments for child support may be retroactively modified only from the date the notice of the pending petition is served on the opposing party. ... We modify the district court ruling only to make the support retroactive to the date Joyce was served with the application as required by statute.

A modification of a support order is void unless the court approves it after proper notice and an opportunity for a hearing.

In Re Marriage of Jacobo · filed 1995-01-18(8)

However, we note that a modification of a support order is void unless the court approves the modification after proper notice and an opportunity for a hearing. Iowa Code § 598.21(8).

Section 598.21(8) makes a modification of a support order void unless the court approves it after proper notice and an opportunity for a hearing.

Jacobo v. Iowa District Court for Black Hawk County · filed 1995-01-18(8)

However, we note that a modification of a support order is void unless the court approves the modification after proper notice and an opportunity for a hearing. Iowa Code § 598.21(8).

Section 598.21(8) requires a request to change the amount of child support to be brought in the district court in the original dissolution case as a petition to modify the decree.

Hurd v. Iowa Department of Human Services · filed 1998-06-15(8)

The legislature has clearly stated such actions must be initiated in district court in the original dissolution case. See Iowa Code § 598.21(8). Thus, Hurd’s only remedy concerning the amount of child support he must pay each month must be pursued as a petition to modify the child support provisions of the original divorce decree.

Section 598.21(9) measures the ten percent variance for child support modification from the most recent order that complied with the support guidelines; an unexplained order departing from those guidelines cannot serve as the comparison point.

In Re the Marriage of Nelson · filed 1997-10-22(9)

Because the 1993 modification order failed to comply with the guidelines, and because the variance was unexplained, it cannot serve in calculating the ten percent variance under Iowa Code section 598.21(9). We must look back for a beginning date to the most recent order that did comply.

Section 598.21(8) permits a court, upon a proper showing, to modify a completed child support order to add educational support before the child turns twenty-two, even after the child has attained majority.

In Re the Marriage of Pieper · filed 1985-06-19(8)

We see no reason why the present trial court could not add such a clause by modification upon a proper showing, at any time until Mark becomes twenty-two, just as a dissolution court, before (and since) amendment of the statute, could have modified the regular child support upon a proper showing, at any time until Mark became of age. We hold the trial court correctly interpreted the statute in its present form.

Section 598.21(5A) applies prospectively to postsecondary education expenses accruing on or after its July 1, 1997 effective date.

In Re the Marriage of Griffin · filed 1997-09-24(5A)

However, as higher education costs are not all due and payable at one time, we can segregate the financial obligation so that expenses incurred prior to July 1, 1997, are subject to the former statutory and case law; expenses accruing after the effective date of section 598.21(5A) are to be determined according to the statute.

Section 598.21(5A) requires a finding of good cause, including the child’s ability and actual financial needs, before a court calculates or orders parental contributions to postsecondary education.

In Re the Marriage of Murphy · filed 1999-04-28(5A)

Under this statute the court must first determine whether good cause exists for ordering a postsecondary education subsidy. To do so the court must assess the ability of the child relative to postsecondary education and the child’s actual financial needs. This threshold issue must be resolved before the court goes to the next step of calculating and ordering the parties’ contributions.

Section 598.21(5A) applies prospectively and does not govern a modification order entered before its July 1, 1997 effective date.

In Re the Marriage of Williams · filed 1999-06-03(5A)

We hold Iowa Code section 598.21(5A) is prospective in its operation and did not apply to a modification order entered prior to its July 1, 1997 effective date.

Section 598.21(5A)(a) requires a court deciding good cause for a postsecondary education subsidy to consider each parent’s financial condition.

In Re the Marriage of Longman · filed 2000-11-16(5A)(a)

Although the child’s eligibility for college enrollment was the particular aspect of good cause that this court considered in In re Marriage of Murphy, 592 N.W.2d 681, 684 (Iowa 1999), subsection (a) of section 598.21(5A) also requires consideration of the financial condition of each parent in the determination of good cause.

Section 598.21(5A) does not authorize a postsecondary education subsidy for a child-support obligation established under chapter 252A.

Johnson v. Louis · filed 2002-12-18(5A)

As we have previously noted, at the time of the several determinations of Michael’s child support obligation that have taken place since 1984, section 598.21(5A) was not applicable in determining his support obligation.

Section 598.21(5A) governs the first determination of college support after its enactment when the original decree fixed no amount, without a showing of a substantial change in circumstances.

In Re Marriage of Mullen-Funderburk · filed 2005-05-20(5A)

Where a decree has not established a fixed level of payment, the determination of that obligation is an original adjudication. It is not necessary to show a substantial change of circumstances as in the usual modification. Viewed in that manner, it also follows that such determinations should be based on both the facts and the law in eidstence when the determination is made.

Section 598.21(5A)(a) requires good cause for a postsecondary education subsidy; a child’s poor academic performance and a parent’s obligations to minor children can defeat good cause.

In re the Marriage of Moore · filed 2005-05-25(5A)(a)

To determine if good cause exists for a postsecondary education subsidy, we next need to consider Jonathan’s postsecondary educational ability, financial resources, and whether he is self-sustaining. ... We consider Jonathan’s poor performance when considered together with Mark’s obligations to his minor children in determining no good cause exists to justify a postsecondary education subsidy and reverse the district court’s finding to the contrary.

Section 598.21(5A)(a) does not require parents to subsidize an out-of-state college education when the child’s available contribution exceeds the cost of attending an in-state public college.

In Re the Marriage of Sullins · filed 2006-05-12(5A)(a)

Thus, because Deborah’s contributions exceeded the cost of a public college education in Iowa, Ray and Donna cannot be made legally responsible under the statute to subsidize any additional costs of an out-of-state college education.

Section 598.21(5A)(a) does not require a parent to pay a postsecondary education subsidy when the child’s available contribution exceeds the cost of attending an in-state public institution.

In Re The Marriage Of Donna Lee Sullins And Raymond W. Sullins Upon The Petition Of Donna Lee Sullins · filed 2006-05-12(5A)(a)

Clearly, the subsidy statute does not require a parent to contribute to the college education costs when the child’s available contribution exceeds the cost of attending an in-state public institution.

Section 598.21(5A) applies only to dissolution decrees entered after the subsection was enacted.

In Re Marriage of Sojka · filed 2000-06-01(5A)

... we now hold that section 598.21(5A) applies only to dissolution decrees postdating the statute’s enactment.

Section 598.21(5A)(a)(1) limits necessary postsecondary education expenses to tuition, room, board, books, and mandatory fees, while allowing the parties to stipulate to additional expenses.

In Re the Marriage of Dolter · filed 2002-03-13(5A)(a)(1)

Our review of the case law leads us to the conclusion that there is a need for clarification of the term “necessary post-secondary education expenses” as used in section 598.21(5A)(a)(l). We now specifically hold that the term “necessary post-secondary education expenses” means tuition, room, board, and books, including mandatory fee assessments for such things as laboratory, student health, and computer use. The definition and limitation as set out above does not preclude the parties from entering into a stipulation covering additional expenses.

Section 598.21(5A)(a)(1) allows a postsecondary education subsidy to include reasonable, necessary college expenses beyond tuition, books, supplies, and room and board.

In Re the Marriage of Vannausdle · filed 2003-09-04(5A)(a)(1)

We recognize the expense component under the statutory procedures is limited by our legislature to include “the reasonable costs for only necessary post-secondary education expenses.” Iowa Code § 598.21(5A)(a )(1). However, the actual and necessary costs of attending college exceed tuition, books, supplies, and a room and board plan.

Section 598.21(5A)(1) permits sorority dues as a necessary postsecondary education expense when the circumstances show they support the student’s college experience.

In Re the Marriage of Goodman · filed 2004-11-10(5A)(1)

Under the unique circumstances of this case, we hold Abby’s sorority dues are a necessary expense for Abby to participate in the social, cultural, and educational experiences outside the classroom.

Section 598.21(5A)(1) does not include automobiles supplied to children among necessary post-secondary education expenses.

In Re Oimoen · filed 2005-06-09(5A)(1)

Oimoen and Elaine have no legal obligation under their dissolution decrees to supply the autos. See Iowa Code § 598.21(5A)(1). The autos are not necessary expenses of post-secondary education.

Section 598.21(5A) applies to a decree entered before its enactment when the decree did not fix college expenses.

In Re the Marriage of Rosenfeld · filed 2003-09-04(5A)

In the present case, however, Iowa Code section 598.21(5A) is nevertheless applicable because the court did not fix college expenses prior to the enactment of 598.21(5A).

Section 598.21(5A)(a)(2) excludes parent PLUS loans from a child’s expected contribution when calculating a postsecondary education subsidy.

In Re the Marriage of Neff · filed 2004-02-25(5A)(a)(2)

In arriving at the expected contributions of the children, we do not consider the University’s “award” of $3398 to Anthony, and $5213 to Angela, of a “PLUS (Parent) Loan.”

Section 598.21(5A)(a)(2) counts bonds and UTMA accounts available to a child for college as the child’s resources when calculating the parents’ postsecondary education subsidy.

In Re Marriage of Kupferschmidt · filed 2005-09-14(5A)(a)(2)

The two accounts established by Scott and Marilyn are available to their children for purposes of financing the children’s postsecondary education and the evidence established Scott and Marilyn set the accounts up for that purpose. Consequently, it is only fair to consider this money as a resource available to the children, as the district court did, prior to determining the parents’ subsidy.

Section 598.21(5A)(e) permits modification of a pre-1997 decree that already provided college support, while section 598.21(5A) also governs an original determination when the decree provided none.

In Re the Marriage of Pals · filed 2006-05-26(5A)(e)

The result is that the postsecondary-education-subsidy statute, section 598.21(5A), applies whether or not the original decree provided for college-aged support.

Section 598.21(5A)(e) permits modification of a pre-July 1997 decree that continued child support while a child attended college under the postsecondary education subsidy provisions.

In Re The Marriage Of Bonnie M. Pals And James J. Pals Upon The Petition Of Bonnie M. Pals · filed 2006-05-26(5A)(e)

However, we think the support provision was nevertheless the type of provision the legislature wanted to be covered under the retroactivity provision, subparagraph (e). Provisions in a divorce decree that extend a child-support obligation while the child is in college necessarily consider expenses associated with attending college.

Section 598.21(8) requires a substantial change in circumstances to modify an award of joint custody.

In Re the Marriage of Bolin · filed 1983-07-20(8)

As with other orders entered pursuant to section 598.21, the court was authorized to modify a joint custody award “when there is a substantial change in circumstances.” § 598.21(8).

Section 598.21(8) requires a parent seeking to modify custody to prove a substantial change in circumstances and an ability to serve the child’s well-being more effectively.

In Re the Marriage of Zabecki · filed 1986-06-18(8)

We agree with the district court that David has not carried his heavy burden to show a substantial change of circumstances that would justify a custody change, nor has he demonstrated an ability to minister more effectively to Konrad’s well-being.

Section 598.21(8) requires a substantial change of circumstances to modify custody.

In Re the Marriage of Burwinkel · filed 1988-05-31(8)

For modification of custody the change of circumstances must be substantial. Iowa Code § 598.21(8); Donovan v. Donovan, 212 N.W.2d 451, 453 (Iowa 1973).

Section 598.21(8) gives the dissolution court continuing jurisdiction over matters concerning minor children’s custody and welfare, allowing a grandparent visitation petition to be brought as a modification of the dissolution action.

In Re the Marriage of Bolson · filed 1986-10-15(8)

This statutory scheme is in accordance with the general principle that the district court in which a dissolution decree is entered has continuing jurisdiction to consider matters pertaining to the custody and welfare of minor children affected by the dissolution decree. Iowa Code § 598.21(8) (1985); In re Adoption of Ellis, 260 Iowa 508, 513, 149 N.W.2d 804, 808 (1967); Marriage of Schlenker, 300 N.W.2d 164, 166 (Iowa 1981). Thus we conclude that the appellants are not precluded on jurisdictional grounds from commencing their petition for grandparent visitation as a modification in the dissolution of marriage action.

Section 598.21(8) requires courts to consider how a possible change in residence affects children’s physical, educational, and emotional needs, but an out-of-state move is only one factor in the custody decision.

In Re the Marriage of Downing · filed 1989-02-07(8)

The Code mandates we take into consideration possible changes in residence of the parties and its impact on the physical, educational, and emotional needs of the children. Iowa Code § 598.21(8) (1987). A move by one parent to another state is not dispositive, but simply one factor to be considered by this court.

Section 598.21(8) sets out the factors for deciding whether a substantial change in circumstances warrants modifying child custody.

In Re the Marriage of Moore · filed 1994-08-25(8)

Iowa Code section 598.21(8) lists the factors to be considered by the court in determining whether a substantial change in cir-' cumstances warranting modification has occurred.

Section 598.21(8)(f) makes a change in residence one factor in determining whether a substantial change in circumstances warrants modification of custody.

In Re the Marriage of Rierson · filed 1995-07-25(8)(f)

While not disposi-tive, a change in residence is certainly one factor which must be considered in determining whether there has been a substantial change in circumstances. See Iowa Code § 598.21(8)(f) (1993).