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August 31, 2005

Goodman II - Yet Another College Support Decision

In a second trip to the appellate level, the Iowa Court of Appeals affirmed the district court's ruling in In re Marriage of Goodman concerning allocation of post-secondary education expenses and declined a party’s &;invitation to sua sponte review&; of a prior Iowa Supreme Court decision involving the same issue and the same parties. In re Marriage of Goodman was first considered by the Iowa Supreme Court in 2004. In re Marriage of Goodman, 690 N.W.2d 279 (Iowa 2004). In that decision, the court rejected the parent’s claim that all three children’s college expenses should be treated equally. In today’s Court of Appeals decision, the court again rejected a parent’s claim that each parent should pay 1/2 of a child’s college expenses under the prior agreement that was rejected in Goodman I.

Of some interest is the court’s comment at Footnote 2 rejecting a &;best interests&; exception to the statutory 1/3 cost-sharing limitation. The decision limits the &;best interests&; analysis solely &;within the context of whether a conditional postsecondary education subsidy stipulation should be enforced&; per the decision of In re Marriage of Rosenfeld, 668 N.W.2d 840, 848 (Iowa 2003).

Posted on August 31, 2005 in Post-Secondary (College) Subsidy | Permalink



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