Iowa Law Blog : Iowa Lawyer & Attorney : Sullivan & Ward Law Firm : Iowa Law Blog

This past summer, supermodel Linda Evangelista requested $46,000/month in child support from Francois Henri Pinault, CEO of the Paris-based conglomerate that owns Gucci, Yves St. Laurent and Bottega Veneta.  He is the father of her four year old son and has allegedly not paid any money in child support since the child's birth.  Ms. Evangelista's request raises an interesting question - In Iowa, how is child support calculated when the parents' combined net monthly income is unscheduled or in other words in excess of $20,000?

In Iowa, the child support guidelines are based on the parents' combined income and the number of children involved.  The child support guidelines are scheduled for a combined net monthly income up to $20,000.  For a net monthly income in excess of $20,000 the guidelines provide that the appropriate figure is deemed to be within the sound discretion of the court or the agency fixing child support by administrative order.  The amount of support payable by a non-custodial parent with a monthly net income of $20,001 or more shall be no less than the dollar amount as provided for in the guidelines for a non-custodial parent with a monthly net income of $20,000.

The guidelines do; however, expressly empower the courts to depart from the recommended child support amounts because of special circumstances.  Ms. Evangelista's "special circumstances" include a request for a full-time nanny, vacation expenses and armed chauffeurs.  It will be interesting to see how her case plays out in the Manhattan Family Court system. 

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Today the Iowa Supreme Court released its opinion in Freedom Financial Bank v. Estate of Edward Boesen and Maureen Boesen.  Sullivan & Ward, P.C. represented Freedom Financial Bank in a mortgage foreclosure action against the Estate of Edward Boesen.  The Court affirmed the decision of the Polk County District Court and the Iowa Court of Appeals, ruling that Freedom Financial's purchase money mortgage was superior to a wife's dower interest in intestate property. 

The Court also conducted an extensive analysis of the Iowa Probate Code to determine whether the Estate or Maureen Boesen should receive the remainder of the proceeds from the sale of the subject real estate. 

Stay tuned to the Iowa Law Blog for an analysis of the Court's probate ruling and its effect.

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The FCC issued its Final Rule on Friday, September 23, 2011 entitled "Preserving the Open Internet".  In the Rule, the FCC seeks to "preserve the Internet as an open platform for innovation, investment, job creation, economic growth, competition, and free expression."  To further that goal, the FCC adopted three basic rules for fixed and mobile broadband providers:

1. Transparency: broadband providers must disclose network management practices, performance characteristics, and commercial terms of their broadband services.
2. No Blocking: fixed broadband providers may not block lawful content, applications, services, or non-harmful devices.
3. No Unreasonable Discrimination: fixed broadband providers may not unreasonably discriminate in transmitting lawful network traffic.

Although all rules become effective November 20, 2011, the transparency requirement creates an affirmative duty for fixed and mobile broadband providers to disclose certain information on their websites or in their stores by November 20, 2011.  This information includes the disclosure of network practices, performance characteristics, and commercial terms. 

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Michael J. Green, formerly associated with the Brown Winick law firm, has joined Sullivan & Ward law firm.  Mr. Green is an AV-rated attorney practicing in the area of real estate and business.  

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