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July 21, 2020

Miller Elected to Board of Governors

Press Release:

Donna Miller, partner at Miller, Zimmerman & Evans, PLC in Des Moines, has been elected to serve on The Iowa State Bar Association Board of Governors beginning in June 2020.

The Iowa State Bar Association is an organization that facilitates professional growth and collegiality among Iowa attorneys. The association represents approximately 7,500 lawyers from all practice areas across the state and is governed by a Board of Governors elected from each of the state’s 14 judicial election districts, led by an elected slate of officers (President, President-elect and Vice President).

Miller has been practicing law for over 25 years, and her areas of focus are family law, workers’ compensation and personal injury defense. She previously served as the Polk County Bar Association Board President. She is a member of the Jack Levin Inn of Court and she was appointed by the Iowa Supreme Court to serve as a member of the Iowa Supreme Court Grievance Commission. She also serves as a board member of the Iowa chapter of the National Association of Women Business Owners.

Filed Under: Blog Tagged With: custody, divorce, support

June 1, 2020

Sole Custody – What Does That Even Mean?

by Brooke Thompson

When people come into my office, a common request is “I want sole custody” or “I want primary custody.” But what does that really mean?

To start, there are two basic types of custody: legal custody and physical care. Legal custody relates to the right to information as well as the responsibilities of decision making regarding the child. This includes medical, education, religious and other major life decisions regarding the child. Physical care, on the other hand, is the amount of time each parent has with the child and who the child will live with.

Joint legal custody gives both parents equal rights regarding those important decisions relating to the child. Sole legal custody means one parent gets to make the important decisions alone. Sole legal custody is reserved for only the most serious cases where there is a true need for one parent to make decisions.

Joint physical care (also called shared care) means that the child spends roughly equal time at both parents’ homes while primary physical care means the child primarily resides in one home and the other parent has parenting time with the child.  Also, the parents split expenses equally with joint physical care.  The primary parent pays most of the expenses (and receives more child support) when primary care is in place.

The “right” kind of custody for each family is different. More importantly, there is not a singular parenting plan that works for every family. The schedule that will work for you and your family is different than other families, and that is okay! My greatest rewards are helping each family find what is going to work for them going forward. Please reach out to discuss the right kind of custody for you and your family at 515-809-9699.

Filed Under: Blog, Uncategorized Tagged With: custody, divorce, sole custody, visitation

December 26, 2019

MZE Attorneys Join Prestigious Organization

All attorneys of the Miller, Zimmerman & Evans law firm have been asked to join the recently-founded Jack D. Levin Family Law American Inns of Court of Greater Des Moines as inaugural members.  The mission of this prestigious organization, made up of judges and attorneys, is to inspire the legal community to advance the rule of law by achieving the highest level of professionalism through example, education, and mentoring.   Donna Miller will serve as a Master of the Bench in the organization. 

Filed Under: Blog

March 17, 2016

The Pros and Cons of Flat Fee Billing

Most people expect to be billed hourly when they hire an attorney. Hourly billing requires a retainer to be paid up front so the attorney can bill against it in either .1 (sometimes .2) increments. Most attorneys operate under this billing structure.

What most people don’t know is that many attorneys offer flat feel billing options. Flat fee billing is where the attorney charges a single flat fee, plus court costs, for the entire action. In regards to divorces, attorneys generally offer flat fee billing for uncontested cases, both with and without children.

There are several advantages to flat fee billing in family law cases. First and foremost, clients know exactly how much it will cost to get divorced. Since one of the most common complaints clients have is cost, flat fee billing resolves this issue by addressing cost upfront, allowing the client to plan appropriately. Flat fee billing also limits the amount of fee disputes and issues with attorney withdrawal.

Flat fee billing has its disadvantages as well. One disadvantage is that the fee is based on the average cost of an action. If the client’s action is much simpler than the average case, the client ends up paying more. Another disadvantage, specific to family law, is that some cases start off uncontested and become contested as the case progresses. Generally, when this happens, the case becomes an ‘hourly billing’ case and the attorney begins billing based on his or her hours spent working on the case.

Flat fee billing can be an excellent option for those considering divorce. At Miller, Zimmerman & Evans, we offer flat fee uncontested divorces – $1,500 for divorces with no children; $1,800 for divorces with children. This amount does not include court costs. If the divorce ends up being contested, we simply switch clients over to an hourly rate.

Please call us if with any questions.

Filed Under: Blog

September 30, 2015

Will Moving In (Cohabitating) With My Boy/Girlfriend Impact My Alimony?

The answer is “maybe.”  In Iowa, cohabitation with another person does not automatically result in a reduction or termination of alimony.  This is because cohabitation has too many variables that affect the rights of the paying party and recipient.

But, the paying party can file a petition to modify an existing alimony award, and argue that cohabitation is a substantial change in circumstances requiring the court to either lower or terminate alimony.

The initial burden rests on the paying party to prove that the recipient is cohabitating with an unrelated person. The paying party must also prove that the recipient and unrelated person are cohabitating as spouses would. Courts put significant weight on whether the recipient and/or unrelated person have unrestricted access to the home, demonstrating that the recipient is living with the unrelated person.

Once the paying party proves their initial burden, the burden then shifts to the recipient to demonstrate why alimony should continue. The recipient can show an ongoing need for payments.  For example, courts have recognized medical issues and the recipient’s inability to find employment as ongoing needs.  Or, the recipient can argue that the original alimony award is unmodifiable.  This is appropriate when the alimony was awarded for reimbursement or rehabilitation purposes.

Before moving, we suggest you talk to an attorney.

Filed Under: Blog

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Recent Posts

  • Can we just mediate instead of going to court to get our divorce?
  • What are your options if the other parent won’t let you see your child and how long will the process take?
  • Miller Elected to Board of Governors
  • Sole Custody – What Does That Even Mean?
  • Divorce? You need a plan.

Company Profile

The attorneys of Miller, Zimmerman & Evans, PLC have more than 35 years of legal experience. They have represented hundreds of individuals and businesses in state and federal courts. They have also helped individuals mediate their legal issues to avoid court. Contact us to help resolve your legal issues.

More about our attorneys

Recent Posts

  • Can we just mediate instead of going to court to get our divorce?
  • What are your options if the other parent won’t let you see your child and how long will the process take?
  • Miller Elected to Board of Governors
  • Sole Custody – What Does That Even Mean?
  • Divorce? You need a plan.
  • MZE Attorneys Join Prestigious Organization
  • MZE Law Opens New Office

Contact

Email: dmiller@mzelaw.com

Phone 515.809-9699 | Fax 515.809-9690

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