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I.

General Information about Family Law

VII.
Adoption
II.
Marriage
A. Public Adoption
A. Traditional
B. Private Adoption
B. Common Law
C. Transracial Adoption
III.
Premarital/Prenuptial Agreement
D.

Intra-national and International Adoption

IV.
Divorce
E. Single Parent Adoption
A. Grounds and Fault
F. Summary of Adoption Procedures
B. Annulment
VIII.
Child Custody and Visitation
V.
Alimony, Spousal Support and Maintenance
IX.
Child Support
VI.
Division of Property
X.
Domestic Violence
A. Equitable Distribution
XI.
Conclusion
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Alimony, Spousal Support and Maintenance

Alimony, also known as spousal support or maintenance, is an obligation of financial support paid by one spouse to the other.

There are basically three types of alimony. Permanent alimony is an allowance for support and maintenance (for example clothing, shelter, food or other necessities) of a spouse. If permanent alimony is requested, it must be proven that there is a need for support and the other spouse has adequate means and the ability to provide for part or all of the need. Permanent alimony is generally reserved for long-term marriages. Reimbursement alimony is intended for spouses who have supported their partners through years of advanced schooling, and is often paid in a lump sum amount. Rehabilitative alimony is designed for spouses in shorter marriages who need some assistance reestablishing themselves in the job market and who have a specific vocational plan.

The factors the courts consider differ on a state to state basis. Some of the possible factors that weigh on the amount and length of the support in both Iowa and Illinois are:

  • Length of marriage
  • Time separated while still married
  • Age of the parties at the time of divorce
  • Income of the parties
  • Future financial prospects of the parties
  • Health of the parties
  • Fault in the marital breakdown

If the parties fail to agree on the terms of their divorce, the court will make a fair determination based on the legal argument as well as the testimony submitted by both parties. Modification can occur at any future date depending on a change of circumstances by either party on appropriate notice to the other party as well as application to the court. The courts are generally reluctant to modify an existing agreement unless there are compelling reasons.

Alimony must be included in the recipient’s gross income and can be excluded from the payer’s gross income. In order to qualify as alimony, the payments must meet the following five criteria:

1. Payment is in cash.

2. Payment is received by a divorce or separation instrument.

3. The instrument does not specify that the payments are not for alimony.

4. The payer and the payee are not members of the same household when payments are made.

5. There is no liability to make payments for any period after the death or remarriage of the recipient.
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If you would like to schedule a initial consultation contact an Iowa family law attorney, representing clients in Clinton, Iowa at the Teitle Law Offices. Give us a call at (563) 345-4100 or email us at info@teitlelaw.com.
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  2550 Middle Road, Suite 604
  Bettendorf, IA 52722
  Phone: (563) 345-4100
  Fax: (563) 345-4111
   







Clinton, Iowa Attorneys offering a broad estate planning / probate, criminal law, family law, guardianships and adoption, juvenile law, medical malpractice, motor vehicle accidents, personal injury, real estate, for sale by owner, trucking accidents, and wrongful death. Lawyers at the Teitle Law Offices office are dedicated to represent clients in Eastern and Central Iowa, including the cities of Davenport, Iowa City, Cedar Rapids, Muscatine, Clinton, Maquoketa, Tipton, Dubuque, Ottumwa, Wapello, Burlington, Waterloo and the communities that make up Scott, Johnson, Linn, Mucatine, Clinton, Jackson, Cedar, Dubuque, Wapello, Louisa, Des Moines and Blackhawk counties. We also represent clients in Central Illinois, including the cities of Rock Island, Aledo, Cambridge and Morrison and the communities that make up Rock Island, Mercer, Henry and Whiteside counties.

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© MMIX Teitle Law Offices Address: 2550 Middle Road, Suite 604, Bettendorf, IA 52722 Phone: (563) 345-4100 Fax: (563) 345-4111 Email: info@teitlelaw.com
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