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Qualified Additional Dependents Help
Three Scenarios
Your case will involve one of these three scenarios.Your case involves Joe and Mary. Mary has a child (Timmy) with Allan (some other dude). Allan is not a party in your case.
1. Allan has custody of Timmy and Mary is paying child support to Allan, as ordered by the court. Go to "Other Deductions" then "Child Support - Prior Order" and enter the amount Mary is actually paying in "current" child support to Allan. Mary is not allowed to claim Timmy as a QAD because there is a support order in place. She is not allowed to deduct delinquent child support payments being made. NOTE: the order for support must be a "prior" order.
2. Allan has custody of Timmy and there is no support order in place for Mary to pay support to Allan. Mary may claim Timmy as a QAD. Make sure you check out our QAD Cheat Sheet. Click Here- QADD Cheat Sheet
3. Mary has custody of Timmy. Mary may claim Timmy as a QAD. If Mary is receiving child support for Timmy, it is not income to Mary so you do not include it as income to her.
Modification Action Issues You may not use a QADD to determine if there has been a 10% change in support, up or down. You must meet the 10% change first. If you meet it, then you can take a QADD. A QAD can include a child born to one of the parties AFTER the marriage/relationship/kids in your current action. See 598.21C(2)(a), Code of Iowa. 10% is a substantial change of circumstances.
Are You Required to Claim a Qualified Additional Dependent Deduction? We know of no rule requiring same. Do check the Analysis Page to check the consequences. You may give your client the QADD and cause child support to increase.
QAD Defined in the Guidelines Guidelines Rule 9.5(9) Net Monthly Income/QADD. A qualified additional dependent deduction, if it applies, is used as a deduction to arrive at the net monthly income of a party. When a QADD is applied, this will drive down the income of the party with the obligation which, in most cases, will reduce the child support obligation.
Guidelines Rule 9.7 - Defines how a QADD is established. To establish a qualified additional dependent deduction, the requesting parent must demonstrate a legal obligation to the child(ren) under Iowa Code section 252A.3. Ways to demonstrate a legal obligation to the child(ren) include:
9.7(1) By order of a court of competent jurisdiction or by administrative order when authorized by state law.
9.7(2) By the statement of the person admitting paternity in court and upon concurrence of the mother. If the mother was married, at the time of conception, birth, or at any time during the period between conception and birth of the child, to an individual other than the person admitting paternity, the individual to whom the mother was married at the time of conception, birth, or at any time during the period between conception and birth must deny paternity in order to establish the paternity of the person admitting paternity upon the sole basis of the admission.
9.7(3) By the filing and registration by the state registrar of an affidavit of paternity executed on or after July 1, 1993, as provided in Iowa Code section 252A.3A, provided that the mother of the child was unmarried at the time of conception, birth, and at any time during the period between conception and birth of the child or if the mother was married at the time of conception, birth, or at any time during the period between conception and birth of the child, a court of competent jurisdiction has determined that the individual to whom the mother was married at the time is not the father of the child.
9.7(4) By a child being born during the marriage unless the paternity has been determined otherwise by a court of competent jurisdiction."