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300 Walnut Street
Suite 125
Des Moines, IA 50309
Phone: (515) 288 - 3333
Fax: (515) 283 - 2670
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Frequently Asked Questions | | Questions Regarding Our Office | Q: Are evening/weekend appointments or off-site appointments available?
A: With advance planning, it is possible to arrange for appointments on the weekend, during evening hours or at a location other than our office. Please contact the attorney personally to inquire. | Q: Is parking available?
A: There is ample metered on-street parking available. Additionally, there is parking available at the parking ramp located at the corner of 3rd and Court. Persons who park in the garage may access our office through the Skywalk if they wish. | Q: Will I need to pay for services in advance?
A: As a general rule, prior to an attorney accepting your case for representation, payment arrangements will have to be agreed upon. The fee arrangement will usually require at least partial payment prior to services being rendered. Personal injury cases are the exception. These cases are usually taken on a contingent fee basis in which the attorney receives a percentage of a settlement or verdict only when that settlement or verdict is paid. | Q: Does your office offer legal services other than what is listed on your Home Page?
A: Of course! In addition to the practice areas described on our Home Page we also represent individuals in all areas of litigation, including defense of lawsuits, contract and real estate disputes. We also assist clients in Probate proceedings including estates, guardianships and conservatorships. We offer other legal services as needed. In the event we feel we cannot adequately represent a person's interests, we will assist them in locating competent counsel. | | Questions Regarding Domestic Relations | Q: What is joint legal custody? How is it different from primary care?
A: "Joint legal custody" means that both parents have a right to be consulted concerning the child's religious education, school and extracurricular activities, and have access to medical and law enforcement records. Generally, parents will be awarded joint legal custody. The parent who is awarded "primary care" provides most of the day to day care of the child. | Q: What is shared physical custody? Is it the same as split physical custody?
A: "Shared physical custody" means that the parents alternate having primary care of the children on a more or less equal basis. "Split physical custody" usually refers to an arrangement where there are two or more children and each parent has the primary care of at least one child. | Q: Does the law favor mothers in custody awards?
A: Not necessarily. The Iowa Supreme Court has repeatedly held that gender is irrelevant and neither parent should have a greater burden to obtain custody. The "tender year's doctrine" which is the notion that small children have to be with their mother has also been rejected. | Q: How is child support calculated?
A: Iowa has adopted uniform guidelines to determine child support. The court will look at each party's actual earnings, or in certain cases their earning capacities. From this amount the court will allow the parties to make certain deductions. These deductions are for Federal and State income taxes, FICA taxes, union dues, mandatory pensions, such as IPERS, health insurance premiums, uncovered medical expenses up to $300 a year, and prior obligations which are actually being paid for child support, spousal support, or medical support. If either party has other children to support, that person may receive a qualified additional dependent deduction. A custodial parent can also deduct daycare expenses, less appropriate tax credits. Voluntary contributions for 401(k)'s, utility payments, car payments, savings plans etc. are not deductible for purposes of determining child support. Once a net income has been calculated, tables are consulted to determine the percentage of the non-custodial parent's net income which is used for child support. Typically for one child the amount of support will be approximately 22.5%; for two children, approximately 30%; for three children, approximately 35% ; for 4 children, approximately 40%. Reductions of 25% to 35% may be made if a parent has more than 127 days (defined as a visit which includes an overnight) of visitation. Child support is generally payable until a child turns 19 or graduates from high school, whichever occurs first. By law, child support must be paid by a Mandatory Wage Withholding Order (MWWO) if possible. Generally, a W-2 employee will be subject to a MWWO. | | Q: Are bonuses, part-time employment and overtime included in calculating what a person's income is for child support purposes? What about a new spouse's income? A: Generally, all income which is regular and reoccurring in nature is includable in calculating child support. This would include bonuses, part-time employment, and overtime. Income from an ex's new spouse is not considered.
| Q: Is alimony still available in a divorce case?
A: Yes. There are four types of alimony: temporary, permanent, rehabilitative, and reimbursement. "Temporary alimony" is awarded on a temporary basis in appropriate circumstances. "Permanent alimony" may be awarded when the marriage was long term and the recipient has little prospects for employment which will allow her or him to maintain the standard of living she or he became accustomed to during the marriage. "Rehabilitative alimony" is alimony which is awarded for a limited period of time to allow the recipient to obtain education or training which allows her or him to enhance her or his earning capabilities so she or he can maintain a standard of living comparable to that enjoyed during the marriage. "Reimbursement alimony" is alimony which is usually awarded when the property settlement does not adequately compensate the receiving spouse for the sacrifices made to the marriage. Factors the court will consider in making an award of alimony include the length of the marriage, the ability of the paying spouse to pay, and the need of the receiving spouse for the alimony. | Q: My ex is not following the decree. What can I do?
A: If a person is not following a decree or other court orders and refuses to correct his or her behavior concerning joint legal custody, visitation, payment of support, etc., the next step is to file an Application for Rule to Show Cause alleging that the person is intentionally and willfully refusing to follow the Court's order. If the Court finds beyond a reasonable doubt that a person is violating the decree, it may order the person to jail, provide for make-up visitation if visitation is the issue, and/or require the offending party to pay money including the other's attorney fees. | Q: What parts of a divorce or paternity decree are subject to modification? What does one have to show in order to modify?
A: The provisions of a decree pertaining to custody, visitation, child support, tax exemptions, health insurance and in some instances alimony, are subject to modification. The general rule is that in order to modify the provisions of the decree the moving party must show that: a) there has been a substantial and material change in circumstances;
b) the change in circumstances was not within the contemplation of the court when the issue was last addressed; and
c) the change in circumstances is more or less permanent and not temporary in nature. For modification actions concerning custody, the moving party must also demonstrate a superior parenting ability and that the requested change is in the child's best interests. For modification actions concerning visitation, the moving party must also show that the proposed modification is in the child's best interests. For cases involving child support, generally the moving party must show that the amount of support to be paid deviates by at least 10% (up or down) from what the person is presently required to pay. | Q: Can the primary care parent change the residence of the child without court permission, especially if the move will mean that I can't see my child as much?
A: Yes, a parent awarded primary care may determine where the child lives. If a parent moves to a location far enough away that a previous visitation schedule is impossible, the non-primary care parent can petition the court to modify visitation or even primary care. If the primary care parent moves more than 150 miles from his or her former residence, the law requires the court to try to preserve as closely as possible the visitation arrangements previously ordered.
| Q: I was not married to the parent of my child. Do the same "rules" apply to unmarried parents as married parents?
A: As a general rule, the laws governing paternity cases, especially in the areas of custody, visitation and child support, are the same as in dissolution of marriage cases. There are a few exceptions which are applicable in certain cases. | Q: What's the difference between a "legal separation" and a "dissolution of marriage"? A: The primary difference is that at the end of a "legal separation" you are still married. This can have important consequences for distribution of assets upon the death of one of the parties. For other issues related to domestic relations, please see our articles Divorce/Dissolution of Marriage and Paternity Action Primer.
| | Questions Regarding Personal Injury Cases | Q: What type of damages can I request compensation for?
A: Generally, an injured party can request compensation for damages for medical expenses, including future medical expenses and temporary and permanent disability; pain and suffering, past and future; loss of earnings, including future loss of earnings; loss of enjoyment of life; and loss of spousal services. | Q: How are fees usually handled?
A: Generally, we handle personal injury cases on a contingent fee basis. This means our fee is a percentage of the damages we recover for you. No recovery: no fee. The typical fee is 1/3 of the recovery. The percentage may be slightly higher in the event of an appeal or retrial. | Q: How are payments for records, expert witness fees, depositions and other costs of litigation handled?
A: We decide on a case by case basis whether the firm will advance none, part, or all of the costs of litigation. Pursuant to the ethical rules proscribed by the Iowa Supreme Court, in the event the firm advances fees, the client remains ultimately responsible, even if no recovery is made. | Q: My insurance has paid some of my expenses. Am I required to pay them back? Do they have to pay any part of your fee?
A: Most insurance policies have what is called a "right of subrogation," which simply means that if a 3rd party is required to pay for expenses the insurance company has already paid for, the insurance company has the right to ask that you pay it back. The reasoning is if you did not have to repay, you would get double compensation. That's the bad news. The good news is the amount you have to repay may be reduced by an amount equal to the percentage you pay in attorney fees. In other words, if you pay 1/3 of your award as attorney fees, and your insurance company paid out $1,000, you would have to repay $666.66 ($1,000 1/3). | Q: I was involved in an automobile accident with a driver who had no insurance. I have medical expenses, suffered a great deal of pain, lost time at work, and may have some permanent injuries. What can I do? A: You can apply for coverage for your injuries under the uninsured/underinsured provisions of your own automobile policy. This may also be an option where your damages exceed the limits of liability of the other driver's insurance. For other issues related to personal injury accidents, please see our article Personal Injury Primer. | | Questions Regarding Criminal Law Cases | Q: How are fees usually handled?
A: Generally, we will agree on a flat fee which covers all aspects of a criminal case except for suppression hearings and trial. Additional flat fees will be agreed upon in the event a suppression hearing is needed or trial is necessary. The amount of additional fees will be more for a jury trial as opposed to a bench (Judge hears) trial. Additional fees will be required for trial costs, such as fees to investigators or costs of depositions. | Q: Is the prosecutor required to plea bargain?
A: No. Unfortunately, many County Attorney offices are refusing to plea bargain if we exercise our client's constitutional rights to seek information necessary to properly represent our clients. Other times an offer will be made, with the warning from the prosecutor that if any motions are filed or requests for discovery made that "all deals are off". If we receive such an offer, we will discuss the implications with our client and proceed in whatever manner the client wishes to proceed. | Q: Is the Prosecutor required to tell us if he or she has information which may show I am not guilty of the crime I'm accused of?
A: Yes. If the State has information which tends to show the accused is not guilty, it must disclose it to the defendant or the defendant's attorney. | Q: May I be forced to testify?
A: No. If a defendant chooses not to testify, that fact cannot be commented upon by the State at any stage of trial. At the defendant's option, the court may instruct the jury to not draw any negative inference from a defendant's decision not to testify. | Q: Some of the people who could be witnesses for me may not want to testify. Can we force them to come to court and testify?
A: Yes and no. We can subpoena witnesses to come to court and testify, however, if they feel their testimony will implicate them in criminal activity, they can exercise their right to not testify. For other issues related to criminal law, please see our article Criminal Law Case Primer.
| | Questions related to Adoption | Q: Can a birthmother request financial assistance?
A: Yes. Iowa law provides that we can provide certain forms of financial assistance for a limited period of time. We can provide a mother with room and board, as well as counseling and medical expenses. We can pay expenses up to 30 days after the birth of the child. The key is that moderation is expected to be exercised in all forms of assistance. | Q: If a birth mother backs out after receiving financial assistance is she required to pay us back? What about attorney fees expended? What about fees paid to other agencies? A: The short answer is NO. Any monies given to the birth mother up to that point would be lost. The same is true for attorney fees and most fees paid to an agency.
| Q: If a birthmother or father is not honest with us and a baby is born with unexpected problems or characteristics, are we bound to follow through with the adoption? If we choose not to follow through, what happens to all the monies already expended?
A: No, you are not required to follow through with the adoption. Any monies expended to that point would be lost. | Q: If a birth parent contests the termination of parental rights and is unsuccessful, can we request that he or she pay the additional attorney fees we had to pay?
A: Highly unlikely.
| Q: What is an "Open Adoption"?
A: An open adoption is an adoption where there is an expectation that one or both birth parents would continue to have contact with the child after the adoption throughout the child's minority. Open adoption is not for everyone. Many parents are more comfortable with more limited forms of contact, such as an exchange of pictures and letters. For other issues related to adoption, please see our article Adoption Primer, Step-Parent Adoption Primer; and the International Adoption Primer.
| | Questions related to Bankruptcy | Q: How are fees handled?
A: Bankruptcies are normally done on a flat fee basis. Normally the fees and the filing costs must be prepaid prior to filing. | Q: Will I have to sell everything and give up all my credit cards?
A: No to the first; not necessarily to the second. The law provides certain exemptions for various types of property. Under certain circumstances, a person may be able to retain a credit card account although that is usually not recommended. | Q: Won't filing bankruptcy ruin my credit and prevent me from ever getting credit again?
A: No. Generally, by the time a person files bankruptcy, significant damage to his or her credit rating has already happened. A bankruptcy oftentimes is the only way to stop the bleeding and start the process of rebuilding your credit. Concerning obtaining credit, ironically, may people find themselves inundated with offers of credit after their bankruptcy case is over. For other issues related to bankruptcy, please see our article Bankruptcy Primer.
| | NOTE TO READER: THE FOREGOING INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT LEGAL ADVICE NOR IS IT INTENDED TO TAKE THE PLACE OF LEGAL CONSULTATION WITH AN ATTORNEY. IF YOU WOULD LIKE TO DISCUSS YOUR LEGAL PROBLEM FURTHER, PLEASE NAVIGATE TO OUR CONTACT US PAGE AND FILL IN REQUIRED INFORMATION. IF YOU DISLIKE TYPING, CALL US (515) 288-3333 MONDAY THROUGH FRIDAY 8A TO 5P TO SET UP AN APPOINTMENT. |
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Culp, Doran, Seidlin & Genest, P.L.C.
Iowa Attorneys
300 Walnut Street • Suite 125
Des Moines, IA 50309 Phone: (515) 288 - 3333
Fax: (515) 283 - 2670 From our office in Des Moines, Iowa, the law firm of Culp, Doran, Seidlin & Genest, P.L.C., represents clients from Central and Southern Iowa, including Adair County, Boone County, Clarke County, Dallas County, Greene County, Guthrie County, Jasper County, Hamilton County, Hardin County, Lucas County, Madison County, Mahaska County, Marion County, Marshall County, Monroe County, Polk County, Poweshiek County, Story County, Union County, Warren County, Webster County, Waterloo County, and the cities of Ames, Boone, Cedar Rapids, Des Moines, Indianola, Iowa City, Knoxville, Marshalltown, Nevada, Newton, Ottumwa, and Oskaloosa. |
