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PETITION TO MODIFY CHILD SUPPORT

(Iowa District Court — Family Law Division)


I. DOCUMENT HEADER

IN THE IOWA DISTRICT COURT FOR [COUNTY] COUNTY
IN RE:
The Marriage / Paternity of

Petitioner: [PETITIONER FULL LEGAL NAME]
Respondent: [RESPONDENT FULL LEGAL NAME]

Case No.: [EXISTING CASE NUMBER]

PETITION TO MODIFY CHILD SUPPORT
(Eff. Date of Original Order: [MM/DD/YYYY])


II. RECITALS

  1. Jurisdiction & Venue. This Court entered the original Child Support Order (“Original Order”) on [MM/DD/YYYY] pursuant to Iowa Code chapter 598. Jurisdiction and venue remain proper under Iowa Code §§ 598.3 & 598.21C.
  2. Parties.
    a. Petitioner resides at [ADDRESS], [County] County, Iowa.
    b. Respondent resides at [ADDRESS], [County] County, Iowa.
  3. Minor Child(ren). The parties are the parents of the following minor child(ren):
    - [CHILD 1 FULL NAME; DOB]
    - [CHILD 2 FULL NAME; DOB]
    (add additional lines as needed)
  4. Original Support Terms. The Original Order requires Respondent/Petitioner (circle one) to pay child support of $[AMOUNT] per month, plus cash medical support, commencing [MM/DD/YYYY].
  5. Purpose. Petitioner seeks modification of the Original Order pursuant to Iowa Code § 598.21C based on a substantial change in circumstances and updated Iowa Child Support Guidelines (Iowa Code § 598.21B).

III. DEFINITIONS

For ease of reference, the following capitalized terms shall have the meanings set forth below:

“Child Support Guidelines” means the Iowa Child Support Guidelines adopted by the Iowa Supreme Court and in effect as of the date of filing this Petition.

“Income Withholding Order” means any order entered under Iowa Code ch. 252D directing an obligor’s employer or other payor to withhold support from the obligor’s income.

“Substantial Change in Circumstances” means the factors described in Iowa Code § 598.21C(1), including but not limited to a change in income that would alter the current support obligation by ten percent (10 %) or more according to the Child Support Guidelines.

[// GUIDANCE: Feel free to add, delete, or modify defined terms to match case-specific facts.]


IV. OPERATIVE ALLEGATIONS

  1. Substantial Change in Circumstances. Since entry of the Original Order, the following material changes have occurred:
    a. Income Variation.
    • Petitioner’s gross monthly income has changed from $[OLD] to $[NEW].
    • Respondent’s gross monthly income has changed from $[OLD] to $[NEW].
    b. Health-Care & Insurance. [Describe changes in medical insurance premiums, availability, or coverage.]
    c. Child-Care & Education. [Describe new or increased day-care, tuition, or extracurricular costs.]
    d. Guideline Impact. Application of current Child Support Guidelines to the parties’ present incomes would change the existing obligation by [X %], exceeding the 10 % threshold required for modification.
  2. No Other Pending Actions. No other proceeding pertaining to support, custody, or visitation of the minor child(ren) is presently pending in any jurisdiction.
  3. Best Interests of the Child(ren). The requested modification is in the child(ren)’s best interests because [explain].
  4. Statutory Waiting Period. More than [2 years/5 years] have elapsed since entry of the Original Order, satisfying Iowa Code § 598.21C(2) (where applicable).

V. REPRESENTATIONS & WARRANTIES

  1. Truthfulness Under Oath. Petitioner affirms under penalty of perjury that the factual statements herein are true and correct to the best of Petitioner’s knowledge, information, and belief.
  2. Financial Disclosure. Petitioner has completed and will contemporaneously file a verified financial statement in compliance with Iowa Ct. R. 9.5.
  3. Continuing Duty to Supplement. Petitioner shall promptly supplement disclosures if any material change occurs before final disposition.

VI. REQUESTED MODIFICATION (PRAYER FOR RELIEF)

WHEREFORE, Petitioner respectfully requests that the Court enter an Order that:

  1. Recalculates child support under the current Child Support Guidelines, reflecting the parties’ updated incomes, custodial arrangement, and allowable adjustments;
  2. Sets ongoing child support at $[GUIDELINE AMOUNT] per month, payable on the [1st] day of each month, commencing [MM/DD/YYYY];
  3. Allocates medical support, cash medical support, and uncovered medical expenses per the Child Support Guidelines;
  4. Orders immediate income withholding pursuant to Iowa Code ch. 252D, directing [OBLIGOR’S EMPLOYER/PAYOR] to withhold support from the obligor’s earnings;
  5. Addresses any past-due support by establishing a payment plan of $[AMOUNT] per month toward arrears until satisfied;
  6. Awards statutory interest on any delinquent support as allowed by law;
  7. Provides that future parental tax dependency exemptions be allocated as follows: [e.g., alternate years / primary custodian];
  8. Orders any additional or alternative relief the Court deems just and equitable.

VII. NOTICE OF HEARING & SERVICE REQUEST

Petitioner requests that the Clerk issue an Original Notice and that the Court set this matter for hearing at the earliest available date, with notice to Respondent at the address listed above.


VIII. GENERAL PROVISIONS

  1. Governing Law. All matters shall be governed by Iowa family law statutes, Iowa Court Rules, and the Child Support Guidelines.
  2. No Jury. Pursuant to Iowa law, child-support proceedings are tried to the Court without a jury.
  3. Severability. Should any provision of the resulting Modification Order be deemed unenforceable, the remainder shall continue in full force and effect.
  4. Integration. Upon entry, the Modification Order shall supersede any inconsistent provisions of the Original Order.

IX. VERIFICATION & SIGNATURE

I, [PETITIONER NAME], being first duly sworn, depose and state that I have read the foregoing Petition, know the contents thereof, and that the statements therein are true and correct as I verily believe.

Date: [MM/DD/YYYY]


[PETITIONER NAME]
Petitioner

[Address]
[Telephone]
[Email]


NOTARY ACKNOWLEDGMENT

State of Iowa )
County of ______ ) ss:

On this ___ day of ____, 20__, before me, the undersigned Notary Public in and for said State, personally appeared [PETITIONER NAME], to me personally known (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he/she executed the same as his/her voluntary act and deed.


Notary Public in and for the State of Iowa
My commission expires: _______


X. ATTORNEY SIGNATURE BLOCK (if applicable)

Submitted by:

[ATTORNEY NAME], AT#_
[Law Firm Name]
[Address] • [Phone] • [Email]
ATTORNEY FOR PETITIONER


[// GUIDANCE:
1. Attach the completed Child Support Guidelines worksheet (IA Ct. R. 9 — Form 1) as Exhibit A.
2. Attach updated financial affidavits as Exhibit B.
3. Consider including Proposed Order language for judicial convenience.
4. If spousal support or custody is also at issue, file separate or combined modification pleadings per Iowa Code § 598.21C(1)(a).
5. Double-check service requirements under Iowa R. Civ. P. 1.302 and local rules.
]

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