Legal Question in Family Law in Iowa
post secondary education
My decree was filed June of 1992 in my decress it states''In the event the minor child age 18 to 22 regularly attends post high school education, husband and wife shall pay the cost of childs post high school education expenses as follows:one-third by wife, one-third by Husband, one-third by the child. For purpose of this provision of this stipulation, post high school education expenses shall be documented net cost including, but not limited to: tuition, books, fees, room and board with deduction for grants, scholarships and all other non-loan financial aid but not greater than the net cost of the child attending a public university within the State of Iowa.'' My question is, Do I fall under Section 598.21(5A) Where child has to maintain a median grade or provide grade point report to husband, as it does not state that in my decree? Did this law enter the Code after my decree and if so do I have to follow the current code? My child has not maintained a median grade and my x-husband is refusing to pay his one-third.
1 Answer from Attorneys
Re: post secondary education
I do not see where 598.21(5)A applies. It merely sets out what the standard for a post secondary education subsidy is and there's no mention of grades. In subsection D there is a mention and here is the text.
d. 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.
His remedy is not to quit paying, as he is required to pay on the original order until the court says otherwise, just as you are. If you choose to go to war with him you will need to hire an attorney and the outcome would be uncertain.
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