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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.
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.
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 personperforms a sex act under any of the following circumstances:1. The act is done by force or against the will of the otherperson, whether or not the other person is the person's spouse or iscohabiting with the person.2. The act is between persons who are not at the time cohabitingas husband and wife and if any of the following are true:a. The other person is suffering from a mental defect orincapacity 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 andany of the following are true:(1) The person is a member of the same household as the otherperson.(2) The person is related to the other person by blood oraffinity to the fourth degree.(3) The person is in a position of authority over the otherperson 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 theinfluence of a controlled substance, which may include but is notlimited to flunitrazepam, and all of the following are true:a. The controlled substance, which may include but is notlimited to flunitrazepam, prevents the other person from consentingto the act.b. The person performing the act knows or reasonably shouldhave known that the other person was under the influence of thecontrolled substance, which may include but is not limited toflunitrazepam.4. The act is performed while the other person is mentallyincapacitated, 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.
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!
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