Click Here for our Easy-to-Follow QAD Guide - PDF
Sample Case: one (or both) of the parties has a child(ren) with some other person. A QAD child must be the product of ONE of the parties to your case, not both.
Does the party have custody of the possible QAD?
Yes The party may claim a QAD. (If the other parent of the child is paying child support to the party for that child, this money is not income to recipient.)
No Continue.
Is the party under court or administrative order to pay child support to the custodian of possible QAD?
Yes The party may not claim a QAD. Go to "Other Deductions" and enter the child support amount that the party is actually paying pursuant to the order. The party may deduct what they are paying in support and cash medical, if applicable. Delinquent amounts are not to be included.
No The party may claim a QAD.
Delinquent Support Payments If a parent is under administrative or court order to pay child support for the child of the prior relationship, and they are paying delinquent amounts, the party may not deduct the delinquent payment amounts.
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."