Legal Question in Family Law in Iowa

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