Ament & Lien Law Firm, P.C.

3 facts about child custody in Iowa

2022-10-29T15:55:23Z

What happens to the children may be divorcing parents' most significant concern. Wondering about where they should live, who makes the medical decisions and getting equal parenting time can weigh heavily on parents' minds. Knowing the child custody laws might help parents navigate the divorce process and work toward arrangements that meet their children's needs.

1. All parents must attend an informational class

The state requires divorcing parents to participate in a class that teaches them how to help their children through divorce. Not taking the course within 45 days of the divorce filing might affect the custody arrangements.

2. Courts encourage joint legal custody

Legal custody gives parents the power to decide their children's education, religion and health care. Iowa courts often default to joint legal custody, so both parents stay involved in their children's lives. According to the law, courts must award joint legal custody even when one parent requests full legal custody unless that parent can prove the arrangement would not be in the children's best interest.

3. Multiple factors affect physical custody arrangements

When determining with whom children reside, courts review different criteria than those that influence legal custody. Physical custody may result in children living equally with both parents, with one parent or with one parent more often than the other. Some considerations are:

How the children interact with each parent
The caretaking role of each parent before the divorce
How to best support the children emotionally
How each parent supports the other parent's relationship with the children

Background history of criminal activity, substance abuse or domestic violence can also impact the courts' decisions. Courts consider several factors when determining child custody, and in most divorces, both parents have an equal opportunity to share childrearing responsibilities.

The untold trauma of a dog bite

2022-09-23T21:21:20Z

Animal attacks are traumatizing events for any age. It is especially difficult for children to understand the change in behaviors that takes a friendly dog into a vicious threat. Dog bite victims often deal with physical wounds and permanent scars. However, there are emotional scars that may not get the attention or treatment needed.

Emotional trauma from a dog bite

Canines are protective creatures, despite moments of being cuddly and playful. A dog bite is not always provoked or expected. The immediate physical response to the pain and terror of a dog that is attacking is the body’s fight or flight or response. This is the adrenaline surge that spurs the body into action to run or defend itself. However, these events can also trigger mental health responses that do not go away. There are several mental health conditions that can develop from the severe trauma of a dog bite. These include:

PTSD (post-traumatic stress disorder)
Cynophobia (the fear of dogs)
Agoraphobia (fear of leaving the house)

It is common for children to suffer from PTSD after a dog-biting incident, and this condition could remain throughout the child’s life. Living with cynophobia or agoraphobia can severely impact a person’s quality of life.

Risk of permanent trauma from a dog bite

The more serious the dog bite, the greater the risk of developing one of these trauma-related conditions. Children also have a higher risk of lasting trauma. Mental health concerns are common for victims of a dog bite. Counseling is often a way to deal with the trauma from the situation.

3 signs that your spouse may be hiding assets during your divorce

2022-08-26T21:41:15Z

Divorce is never an easy thing to go through, particularly if you are on bad terms with your soon-to-be ex-spouse. If the other individual has hostile intent to get more money in the divorce or harm you financially, they might be guilty of hiding assets. Investigating such glaring red flags can add layers of complexity to the divorce process, but it may be necessary for ensuring a fair division of your marital assets. You can protect yourself by keeping an eye out for certain signs that your spouse may be hiding assets during your divorce.

1. Sudden withdrawals

Keep careful watch over your joint financial accounts during the course of your divorce. If any sudden or unexpected withdrawals occur, it could be that your spouse is trying to tuck some money away in secret.

2. Suspicious "gifts"

Be on your guard if your spouse starts giving away "gifts" or "loans" while you are in the midst of a divorce. This could be a cunning tactic to remove funds from the eyes of the court only to add them back to the pocket once matters are final.

3. Closing accounts

When you regularly have access to your spouse's accounts but find that they no longer exist or have new passwords, this could be a red flag. While your spouse does have the right to their own private accounts, these sudden changes could indicate suspicious activity during a divorce. Should it come to light that your soon-to-be ex-spouse is hiding marital assets during your divorce, the court may deem it an act of perjury. In addition to jail time, this felony crime also implies legal fees and other expenses that your spouse must pay.

Is a revocable trust right for you?

2022-07-23T20:44:10Z

A revocable trust can be a powerful tool in an estate plan. Whether you wish to bypass generations or protect future generations, consider including a revocable trust in your estate plan to help you reach your goals.

What is a revocable trust?

A revocable trust is a document that the originator can change or cancel at any time. This vehicle allows complete control of your assets during your lifetime, and better control over the distribution of those assets after you pass.

What are some benefits of a revocable trust?

A revocable trust has many benefits for estate planning. Some reasons that a revocable trust may have a place in your estate plan include:

Avoid probate: assets not in a trust must pass through probate court. Assets in a revocable trust do not have to go through the probate process.
Asset protection: assets can be beneficiary-controlled, protected from divorce or lawsuits, or skip generations in the inheritance chain.
Appoint a trustee: you can name a trustee to privately handle your financial affairs without court interference.
Tax planning: trust structure can allow you to tax plan for your beneficiaries.
Maintain your privacy: trust documents are never entered into court records, unlike wills and other probate documents; trusts remain private and out of the public domain.

Aren't trusts only for ultra-wealthy people?

Revocable trusts are for anyone that wants control over their estate and wishes to have efficiency and accuracy for their beneficiaries when the time comes. A revocable trust is a powerful estate planning tool that can help anyone ensure the efficient and accurate execution of their final wishes.

What should you do if you get injured in a car accident?

2022-06-22T15:40:40Z

If you have a car accident, you may feel bewildered about what to do. If you suffer an injury, you may need immediate medical attention. You need to take specific steps to protect your rights and ensure you get adequately compensated for any damages.

Contact emergency response

Right after an accident, you should immediately contact 911 to report the incident. The dispatcher will send police and rescue teams to attend to injured parties. You can provide any information about the accident to the police so they can complete a police report. You should have emergency services evaluate your injury and allow them to transport you to the hospital for further treatment if needed.

Get follow-up medical treatment

After your initial treatment for any injury, you need to follow up with any additional treatment interventions as recommended by your physician. This includes seeing any specialists as recommended. You will want to get complete documentation of all the injuries you sustained.

Seek compensation for your damages

Under Iowa law, you have two years from the date of your accident to bring a lawsuit against any persons at fault. You may receive an offer from an insurance company and have some discussions with them about a possible settlement. You can pursue a settlement, but do not let the time pass beyond the statute of limitations for bringing legal action. Settlement discussions can continue after you file a lawsuit. Sometimes you can only get a full recovery through litigation, so it is essential to pursue all your options.

3 ways to help your parents with their estate plan

2022-06-04T18:19:07Z

Finance is a tough conversation topic for anyone. Add in grief from the loss of a parent, and it may feel nearly impossible. One way to avoid conflict down the road is to work with your parents on their estate plan. Estate planning includes writing a will, trust, or other plans for your parent’s assets that go into effect after they pass.

1. Open the conversation

The first step to helping your parents with an estate plan is to talk. It may seem overly simple, but a conversation is the best way to understand their goals and wishes as well as get a picture of their finances. This sets up your family for open dialogue around a tough subject.

2. Involve others

Throughout the process, it is important to involve other adults in the estate plan. Take into account any adult children, stepchildren, or other beneficiaries your parents wish to incorporate into their will or trust. Doing so helps keep the process transparent to all parties and avoids hard feelings and misunderstandings.

3. Ask for help

The key to any great estate plan is organization. There is a lot to consider and you may need to use outside help. You should encourage your parents to reach out to an attorney or financial planner who specializes in estate planning. A professional estate planner is helpful to ensure everything gets completed correctly and is legally enforceable. Estate planning does not have to be a wedge in your relationship with your parents. With a little planning, you can successfully help your parents take care of a stressful part of aging.

Who gets the house in an Iowa divorce?

2023-08-30T16:50:31Z

A house is often one of the most significant investments that a couple makes. As a result, the fate of the marital home is often a significant source of contention when dividing property during divorce. What happens to the family home in a divorce?

Is your home marital property?

Generally, all property and debts acquired during your marriage are community property. As a result, the court can divide that property according to what is fair or “equitable.” If you purchased your house after your wedding, this would likely include your home.

In some cases, one spouse may have a claim to real estate that would otherwise be the other spouse’s separate property. If your spouse purchased the house before your marriage but paid the mortgage using marital funds, you may have a claim to a portion of the equity that resulted. In the same way, if you help increase the value of the property that your spouse owns, that appreciated value could be counted as marital property.

What are your options if your home is marital property?

Generally, you have three options available to you when dividing your home: have one spouse buy out the other’s share, sell the house and divide the proceeds or continue as co-owners.

If one spouse wants to continue as the sole owner of their home, they may choose to buy out the other’s share of the house. To ensure a fair division, they may sacrifice something of similar value to the home, including a portion of their savings or other valuable assets like a share of the family business.

Selling your home can be straightforward and provide people with additional funds as they move forward. However, people should remember that receiving a fair price for their house depends on the housing market in the area.

Co-ownership can be a valuable option for couples in some cases. For example, one spouse may need to build their finances before they can buy out the other’s portion of the home’s equity. In other cases, keeping a marital home may allow a couple to provide their children with stability by maintaining the home they know through arrangements like “birdnesting.”

While the fate of a marital home can be contentious, it is possible for divorcing people to reach a solution that supports their long-term needs.

What mistakes did you make in your estate plan?

2022-05-05T13:31:35Z

Like every legal process, creating a comprehensive estate plan can often feel like an exceptionally challenging scenario. Considering one’s own mortality might be challenging enough but having to make end-of-life decisions about assets decades in advance takes on numerous layers of complexity. Fortunately, it is possible to review, revise and refine various estate planning documents until you feel they correctly reflect your wishes. While every situation is unique, there are several items or complications that many people overlook in an estate plan, including:

Not accounting for sentimental value: Too often, people draft a comprehensive estate plan focusing only on their high-value assets. The family home, vehicles, a cabin, an art collection or jewelry, for example, will likely come first in any will. Unfortunately, failing to account for sentimental objects can lead to frustration and family strife in the future. These objects can be a sports trophy, a military flag or a prized paper weight. It is important to remember the value of sentimental property.
Not including secondary beneficiaries: In some situations, the primary beneficiary might be unlocated or simply refuse the inheritance. When this happens, it is important to have secondary beneficiaries listed on valuable property. With a secondary beneficiary in place, this can remove unnecessary delays and disputes from the proceedings.
Not including language about ancillary costs: In taking the time to craft a comprehensive estate plan, individuals might forget certain ancillary costs that the estate should absorb. These costs can include travel expenses or the shipment of property. It is wise to clearly state in the estate plan that beneficiaries are not responsible for this debt.

Writing an estate plan that covers every factor is nearly an impossible task. It is wise to thoroughly consider your options, however, as you begin to draft these documents. Too often, people attempt to rush through the process as quickly as possible as many find it unsavory. Fortunately, it is possible to refine and revise the estate planning documents to correct initial errors.

What breeds of dogs are most likely to bite?

2022-03-02T21:24:25Z

Getting bitten by a dog is a traumatic experience. Besides the potential for infection and scarring, there is the emotional dimension. Certain breeds are more likely to attack. Maintain your distance from aggressive canines. Skip the petting and risk to avoid filing a personal injury lawsuit.

Pitbulls

These terriers are notorious for their aggressive behavior. Powerful jaws mean they are capable of causing massive physical damage. Sadly, they have a history of killing children and infants. For various reasons, they receive more negative press than other breeds. Despite this, their popularity continues to soar.

Rottweilers

Rotties make fantastic guard dogs. They have so much strength that they can defeat a pit bull in a confrontation. Their devotion to their owners makes them quick to react whenever they sense a threat.

Dobermans

Dobermans can bite with a force of 228 PSI. Along with their size, this makes them particularly pernicious. Weighing up to 60 pounds, they can knock down a fully-grown adult.

Spaniels

Don't let their silky coats and long ears fool you. This breed from England is notorious for going on the offensive. Although their teeth are not the sharpest, they are still capable of inflicting harm.

Bullmastiffs

These pets can be deceptive, as they are often well-behaved. Their personalities are volatile, though. Their good nature can suddenly switch to growling and snarling. The suddenness of their assaults increases the damage they do. Many types of hounds are capable of inflicting harm. Act with caution whenever a potential culprit is in your vicinity.

Debunking common estate planning misconceptions

2022-02-10T18:16:53Z

Estate planning is often viewed as a confusing or esoteric process. This perception is not without merit, as many states have complicated probate and taxation laws. However, there are some misconceptions that can be easily dispelled. Here are three of the most common estate planning myths debunked.

Estate plans are only for very wealthy people.

Your financial status does not preclude you from needing an estate plan. The vast majority of people have some sort of assets that they should be including. Additionally, physical property is not the only element you can include. You can also designate a power of attorney, create a health care directive and appoint a guardian for your minor children.

I am young and healthy, so I do not need one.

Life is unpredictable and there are no set age limits for health problems or injuries. It is always better to plan ahead of time because you have no way of predicting when you will need an estate plan. Waiting too long may cause you to lose your decision-making power.

I have had an estate plan for years and I do not need to worry about it.

You should review your will or estate plan at least every three to five years. This timeframe is valid if you have had no significant changes occur. However, life events like marriages, births, a move to a new state and buying or selling property may necessitate an update. It is easy to acknowledge the importance of estate planning when you can identify the fallacies surrounding it.