[a00658]

What does Iowa Code law 598.21 (1997) mean.

[ScottGem]

Can you be more specific?

[a00658]

I wish I could. My divorce decree states ' Parties shall pay for post high school education according to Iowa law code 598.21(1997). That is all.. My son starts college in a couple months and I am trying to find out what I am to pay..

[a00658]

Sorry I just realized I posted in the wrong area..

[ScottGem]

First, I moved the thread for you. Second, the clarification helps greatly. It refers to section 5A of 598.21 which states:

5A. The court may order a postsecondary education subsidy if good cause is shown.

a. 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:

(1) 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.

(2) 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.

(3) 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.

b. 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.

c. 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.

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.

Basically the order means that you both shall share equally in the costs of college since it mentioned "parties".

[AK lawyer]

...
Basically the order means that you both shall share equally in the costs of college since it mentioned "parties".

Except that , as stated in paragraph (3), "... The amount paid by each parent shall not exceed thirty-three and one-third percent of the total cost of postsecondary education."

The court dropped the ball on this one. The decree should have provided how much college is going to cost and how much the child should contribute. Since the decree is silent on that point, you and your ex each have to pay 1/3.

[a00658]

Thank you for this information. Yes the Decree like I said is Plain and leaves the door open. My question here is you say my Ex and I will have to pay 1/3 would that mean we split it 3 ways between, me , her and the child?

[AK lawyer]

... would that mean we split it 3 ways between, me , her and the child?

Yes, that's the way I read the statute.

A few other points to note:

"and shall include the reasonable costs for only necessary postsecondary education expenses"

In other words, books and tuition only. Room and board is not required.

"... shall be terminated upon the child's completion of the first calendar year ... if the child fails to maintain a cumulative grade point average in the median range or above ..."

In other words, his grades have to be at least as high as 1/2 of his classmates.

[ScottGem]

Except that , as stated in paragraph (3), "... The amount paid by each parent shall not exceed thirty-three and one-third percent of the total cost of postsecondary education."

The court dropped the ball on this one. The decree should have provided how much college is going to cost and how much the child should contribute. Since the decree is silent on that point, you and your ex each have to pay 1/3.

Good catch, I hadn't read the whole thing carefully. So, while the parents do share the costs equally, the child does also leaving the parents to share 2/3 equally.

[a00658]

Sorry to keep asking questions.. So do we have to go back to court and get this put in the decree or we go off this Law Code?

[AK lawyer]

Sorry to keep asking questions.. So do we have to go back to court and get this put in the decree or we go off this Law Code?

You only need to go back to court if:

• either one of you disagrees with the interpretation we have given you; or
• one of you wants to change the amount owed.

[ScottGem]

Sorry to keep asking questions.. So do we have to go back to court and get this put in the decree or we go off this Law Code?

That's up to you. Remember this is YOUR child. Can you afford to pay 1/3 of the college costs? If you can then let the mother and child know that you are prepared to pay your share under the law.