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What are the Child Support Guidelines?
A set of rules and chart(s) that must be used to set the amount of child support. They are written by the Iowa Supreme Court and are designed to make support orders "uniform" or fair for all parents based on their income.

Why did the Guidelines change?
Both federal and state laws require that the Guidelines be reviewed every few years. The Iowa Supreme Court appoints a committee that conducts this review. The committee recommends that the Iowa Supreme Court make certain changes and improvements to the Guidelines. The Iowa Supreme Court usually accepts the recommendations and orders the changes.

When were Iowa's Guidelines reviewed?
They have been reviewed and changed several times: in 1990, 1995, 2000 and 2004. The most recent review started in 2008. The recommended changes went into effect July 1, 2009.

Summary of Changes:

• Change to "pure-income shares" model
• Limits on when a parent can be ordered to buy health insurance.
• Add requirement to pay Cash Medical Support (CMS) if not buying health insurance.
• No longer have the $50, $70, $100 and $150 minimum order amounts for low-income payors.

How Does "pure-income shares" work?

• Add parents' net incomes together
• "Net Income" is the amount you have after taking certain deductions from gross income such as taxes and social security.
• Use new chart which shows Basic Support Obligation for Combined Incomes.
• Each parent will "pay" their pro rata share (percentage of combined) of the Basic Support Obligation.
• The Basic Support Obligation reflects what experts believe the parents would spend on their child if they still lived together.

Example:

1. Assume Mom's net income is $1,000; Dad's is $2,000.
2. Combined income is $3,000.
3. Mom's income is 33% of $3,000; Dad's is 67% of $3,000.
4. New chart says Basic Support Obligation is $726 for one child.
5. Dad "pays" 67% of $726 or $486 and Mom "pays" 33% of $726 or $240.
6. If the child is living with Mom, Dad will pay Mom $486 per month in child support. If the child is living with Dad, Mom will pay $240 per month to Dad in child support.

SUMMARY OF CHANGES TO HEALTH INSURANCE REQUIREMENTS

• Old law - health insurance had to be provided by the non-custodial parent if available at "reasonable cost." "Reasonable" meant an employer offered employees the chance to buy health insurance through a group plan with the employee's share of the premium deducted from wages. The amount the employee has to pay for the premium did not really affect the child support order very much.
• New law - only "reasonable" if the amount the employee pays is no more than a set percentage of the parent's gross income. Percentage will be between 1% and 5% (very low-income parents will not have to buy health insurance). There is a medical support chart in the new rules.
• Percentage used depends on how much a parent earns.

Examples: If a parent earns between $951 and $1000 per month, the cost of the premium cannot be more than 1% of his or her gross income. If a parent earns between $1,551 and $1,600 per month, the cost can't be more than 5%.

Can the custodial parent (the parent who lives with the child) ever be required to buy the health insurance?
Yes. If the non-custodial parent doesn't have health insurance available at reasonable cost, then the custodial parent can be ordered to buy it (as long as the cost is "reasonable.") The parents can also agree who will buy the health insurance.

How do you know what the cost is of the health insurance premium?
The new law says use only the child's share of the premium. This is the difference between family (also known as dependent) coverage and single coverage. Therefore, if the family premium cost is $300 and single is $100, the difference is $200.

How is the cost of the health insurance premium paid?
Both parents help pay for the premium. The cost is no longer a deduction from income. The cost is added to the Basic Support Obligation and split between the parents. This is done according to their percentage of the combined income. (See earlier example). So, if the parent is to pay 67 % of the Basic Support Obligation, he/she would also pay 67% of the health insurance premium. The final amount paid will go up or down depending on who is actually buying the insurance.

What is Cash Medical Support?
Cash Medical Support (CMS) is cash that a parent has to pay in addition to paying child support. It can be required if health insurance is too expensive for the parents or they can't get it through a job.

How is Cash Medical Support calculated?

• The same way "reasonable cost" is.
• Cash medical support will be between 1% and 5% of gross income.
• Cash medical support amount is a deduction from gross income and will reduce the amount of child support to be paid. 
• A custodial parent will usually not be ordered to pay Cash Medical Support.
• The parents do not share in the payment of Cash Medical Support.

What if a parent has very low income?

• Child support amounts have generally gone down for those with incomes below $1,500 per month. The new child support orders can now be as low as $10 per month.
• The new Guidelines include a "shaded area" for low-income parents.
• If a parent's income falls within this shaded area, the incomes are not combined. Only the non-custodial parent's income is used and the amount in the shaded area will be the child support obligation.
  Example: A parent's net income is $1,100 per month. They would pay $145 for one child and $165 for two. Under the old Guidelines they would pay $284 for one child and $409 for two.
• For parents with monthly income below $850, will not have to buy health insurance or pay Cash Medical Support unless they agree to do so.

Are the deviation (varying from the Guideline amount) rules the same?
It may be a little easier to deviate, or vary from the Guidelines amount under the new law. Adjustments can now be done to "do justice between the parties. . .under the special circumstances of the case or to provide for the needs of the child."

Were split care and joint physical custody child support calculations changed?
Not very much; only to comply with the changes to medical support.

What about extraordinary visitation credit?
This was not changed.

Were there changes to the Qualified Additional Dependent Deduction?
Yes. A parent must still show a legal obligation to support the other child(ren) to claim a dependent deduction. The amount of the deduction has changed, however, from a flat amount to a percentage of gross income.
Example: Instead of a $135 deduction for one child, the deduction will now be 8% of the parent's gross income.

Can I change my child support just because there are new Guidelines?
Maybe. The new Guidelines apply to all cases pending on or filed after July 1, 2009. To modify, or change, a child support amount, a parent must still show a substantial change in circumstances. This is defined as a more or less permanent change in which the child support amount goes up or down at least 10% (20% for cases that CSRU reviews and adjusts).

For More Information
The new Guidelines are very different. It may take awhile before everybody is "up to speed" and understands how to apply them.

For more information you can visit the CSRU website at https://secureapp.dhs.state.ia.us.childsupport.

A calculator/estimator is available at www.awism.com.