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October 14, 2004
College Support/Subsidy and Pre-1997 Decrees
Today's decision of In re Marriage of Mullen-Funderburk lays out the procedure for determining post-secondary tuition subsidy (a/k/a "college support") in decrees that pre-date the 1997 college support amendment to Chapter 598:
"Where the amount of post-secondary child support is not fixed by a pre-1997 dissolution decree, “those [post-secondary support] obligations, if they arise, should be determined pursuant to Iowa Code section 598.21(5A).” In re Marriage of Rosenfeld, 668 N.W.2d 840, 849 (Iowa 2003). The district court had no discretion to order Marilyn to pay child support for a non-disabled adult child outside the strictures of section 598.21(5A)."
The Court of Appeals reversed and remanded the district court's order that the appellant pay $745/month directly to the student-child, as this amount exceeded the one-third cap that a parent can be obligated to pay under existing section 598.21(5A). Determination of the proper amount was remanded to the district court.
Posted on October 14, 2004 in Post-Secondary (College) Subsidy | Permalink
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Main
| Consequences of Hostility Toward Other Parent »
October 14, 2004
College Support/Subsidy and Pre-1997 Decrees
Today's decision of In re Marriage of Mullen-Funderburk lays out the procedure for determining post-secondary tuition subsidy (a/k/a "college support") in decrees that pre-date the 1997 college support amendment to Chapter 598:
"Where the amount of post-secondary child support is not fixed by a pre-1997 dissolution decree, “those [post-secondary support] obligations, if they arise, should be determined pursuant to Iowa Code section 598.21(5A).” In re Marriage of Rosenfeld, 668 N.W.2d 840, 849 (Iowa 2003). The district court had no discretion to order Marilyn to pay child support for a non-disabled adult child outside the strictures of section 598.21(5A)."
The Court of Appeals reversed and remanded the district court's order that the appellant pay $745/month directly to the student-child, as this amount exceeded the one-third cap that a parent can be obligated to pay under existing section 598.21(5A). Determination of the proper amount was remanded to the district court.
Posted on October 14, 2004 in Post-Secondary (College) Subsidy | Permalink
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Listed below are links to weblogs that reference College Support/Subsidy and Pre-1997 Decrees:
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