Legal Question in Family Law in Iowa
In Iowa is the post secondary education requirement still split 1/3rd between both parents and the child?
1 Answer from Attorneys
It's covered in 598.21F (2)(C) of the Code:
598.21F POSTSECONDARY EDUCATION SUBSIDY.
1. Order of subsidy. The court may order a postsecondary
education subsidy if good cause is shown.
2. Criteria for good cause. In determining whether good
cause exists for ordering a postsecondary education subsidy, the
court shall consider the age of the child, the ability of the child
relative to postsecondary education, the child's financial resources,
whether the child is self-sustaining, and the financial condition of
each parent. If the court determines that good cause is shown for
ordering a postsecondary education subsidy, the court shall determine
the amount of subsidy as follows:
a. The court shall determine the cost of postsecondary
education based upon the cost of attending an in-state public
institution for a course of instruction leading to an undergraduate
degree and shall include the reasonable costs for only necessary
postsecondary education expenses.
b. The court shall then determine the amount, if any, which
the child may reasonably be expected to contribute, considering the
child's financial resources, including but not limited to the
availability of financial aid whether in the form of scholarships,
grants, or student loans, and the ability of the child to earn income
while attending school.
c. The child's expected contribution shall be deducted from
the cost of postsecondary education and the court shall apportion
responsibility for the remaining cost of postsecondary education to
each parent. The amount paid by each parent shall not exceed
thirty-three and one-third percent of the total cost of postsecondary
education.
3. Subsidy payable. A postsecondary education subsidy shall
be payable to the child, to the educational institution, or to both,
but shall not be payable to the custodial parent.
4. Repudiation by child. A postsecondary education subsidy
shall not be awarded if the child has repudiated the parent by
publicly disowning the parent, refusing to acknowledge the parent, or
by acting in a similar manner.
5. Obligations of child. The child shall forward, to each
parent, reports of grades awarded at the completion of each academic
session within ten days of receipt of the reports. Unless otherwise
specified by the parties, a postsecondary education subsidy awarded
by the court shall be terminated upon the child's completion of the
first calendar year of course instruction if the child fails to
maintain a cumulative grade point average in the median range or
above during that first calendar year.
6. Application. A support order, decree, or judgment entered
or pending before July 1, 1997, that provides for support of a child
for college, university, or community college expenses may be
modified in accordance with this section.
7. Necessary content of order. Orders made pursuant to this
section need mention only those factors relevant to the particular
case for which the orders are made but shall contain the names, birth
dates, addresses, and counties of residence of the petitioner and