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Leslie D.
Leslie D., Family Law Attorney
Category: Family Law
Satisfied Customers: 201
Experience:  Experience in family law, abuse and assault victim advocate
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My son had a fling with a 20 year old after some

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My son had a fling with a 20 year old after some drinking etc. He was 15 at the time. She became pregnant. She had been on state aid and was also getting help from the state in order to run a day care. When he turned 18 the state automatically assigned child support. This has been 10 years now. He has not had his day in court. This happened in Iowa at the time and he now lives in Georgia. It has been a living hell for him. He makes very little money and has to pay around 500.00/mo with support and 2/3rd cost of health benifits. Paternity has been established. She is married now. He is doing all he can trying to support a new family of his own. he is not allowed any visitation, phone conversations etc. This is clearly a case of statatory rape on her behalf and is reaping the benifits of knowingly participating in sexual activity with a minor and he suffors. He has no money and needs help. Any suggestions?
Submitted: 6 years ago.
Category: Family Law
Expert:  Leslie D. replied 6 years ago.

HelloCustomer

I'm sorry to hear about your son's current situation, that sounds frustrating. I have a few questions which will help me to provide you with a complete answer.

- Does the child still live in Iowa?

- Has your son ever filed for a modification of child support? If so, what was the result of this? If not, when was child support established and has your son's income changed since then?

- Was child support and custody originally established in Iowa? If custody and support was modified since the original order, was the order modified in Iowa?

- Was the statutory rape ever reported to the police? If so, how did they proceed?

- Why was your son denied visitation rights? Has your son ever had contact with the child? If so, what was the nature of the contact (letters, visits, phone calls, etc.)

Sorry for all of the questions, but I believe that the answers to these questions will help me to provide you with a more complete answer.

Thanks,

Leslie

Customer: replied 6 years ago.
Leslie,

Thank you for taking look at this case.
Unfortunatly, as intelligent as he is, he is affraid to "rock" the boat and perfers to hide. Depends on me to way to much, even with the ecouragement to do as much on his own.
However, the mother has denied all contact. No investigation. No modification request. State assumed he was/has been making 7-10.00/hr. All has been established in Iowa.
Even his grandmother has been denied visitation on behalf of my son. Child is still in Iowa.
Expert:  Leslie D. replied 6 years ago.

Okay, is there an actual order in place that establishes the custody arrangement? Or, is the order just for child support? In other words, when you say that the mother has denied visitation, did a court agree with her and say that your son could not have visitation, and is this reflected in a court order? Or, has visitation never been established, and the mother just says it's not going to happen? If no custody order has been established, your son has the right to seek visitation. Parents are generally not denied visitation rights unless they have abused the child or are in some way a danger to the child. However, since it has been ten years without visitation, if your son would like to file a petition to establish child visitation, he will probably have to explain to the court why he waited so long to do so, and he should propose a visitation schedule which takes into account the fact that the child has had little to no contact with him during the child's life. This will be the hardest factor in establishing visitation at this point, should your son wish to do so.

Your son may want to file for a modification of child support. That way, he will be able to offer evidence of what he actually earns as opposed to the state's assumption. The court will also ask the mother for records showing what she earns. $500 a month seems a little high for one child. I have looked at the Iowa Child Support Guidelines, and even assuming a full-time income at $10.00 an hour, with the mother earning nothing (which seems to not be the case here), the payment amount should be around $400 a month.

If your son does not have money for an attorney and would like to hire an attorney, he could see if he qualifies for free or low-cost legal aid. Here is a link to some organizations which provide free or low-cost legal service to those in need: http://ptla.org/ptlasite/links/services.htm.

Please let me know if you have any other questions. If this answers your question, please click "accept" so I may receive credit for my answer.

Thanks,

Leslie

Customer: replied 6 years ago.
What about the statatory rape charges against her? What can we do in order to help him either get custody or to inform the state of the circumstances surrounding this issue?
The rest we already knew about. And yes, he will need help with all advise and follow through..

Thank you
Expert:  Leslie D. replied 6 years ago.
Oh right, sorry, I forgot about the statutory rape piece. I will take a few minutes to review the statute of limitations on statutory rape in Iowa and get back to you. I am assuming nothing was reported before, so please let me know if that is incorrect.
Customer: replied 6 years ago.
This is correct..
Expert:  Leslie D. replied 6 years ago.

Okay, the conduct in this case would be punishable under Iowa Code section 709.4 as Sexual Abuse in the Third Degree. Section 709.4 states (see bolded sections):

A person commits sexual abuse in the third degree when the person
performs a sex act under any of the following circumstances:
1. The act is done by force or against the will of the other
person, whether or not the other person is the person's spouse or is
cohabiting with the person.
2. The act is between persons who are not at the time cohabiting
as husband and wife and if any of the following are true:
a. The other person is suffering from a mental defect or
incapacity which precludes giving consent.
b. The other person is twelve or thirteen years of age.
c. The other person is fourteen or fifteen years of age and
any of the following are true:
(1) The person is a member of the same household as the other
person.
(2) The person is related to the other person by blood or
affinity to the fourth degree.
(3) The person is in a position of authority over the other
person and uses that authority to coerce the other person to submit.

(4) The person is four or more years older than the other person.

3. The act is performed while the other person is under the
influence of a controlled substance, which may include but is not
limited to flunitrazepam, and all of the following are true:
a. The controlled substance, which may include but is not
limited to flunitrazepam, prevents the other person from consenting
to the act.
b. The person performing the act knows or reasonably should
have known that the other person was under the influence of the
controlled substance, which may include but is not limited to
flunitrazepam.
4. The act is performed while the other person is mentally
incapacitated, physically incapacitated, or physically helpless.
Sexual abuse in the third degree is a class "C" felony.

This offense is punishable by up to ten years in prison. Under Iowa law, the minor can report this crime for up to ten years after he or she turns 18. This would give your son until the age of 28 to report the crime. If he would like to do so, he can start by contacting the authorities in the area where the crime was committed. They can guide him through the process from there.

Please let me know if you have any other questions.

Thanks,

Leslie

Customer: replied 6 years ago.
Thank you very much.
Expert:  Leslie D. replied 6 years ago.

No problem, if you need any additional help, please just let me know. Otherwise, please click "accept" so I can receive credit for my answer.

Thanks and best of luck!

Leslie

Leslie D., Family Law Attorney
Category: Family Law
Satisfied Customers: 201
Experience: Experience in family law, abuse and assault victim advocate
Leslie D. and 8 other Family Law Specialists are ready to help you

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