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Mike124

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Reply with quote  #1 
I have a question that maybe someone can help out with concerning Iowa court orders for postsecondary-education subsidies. My daughter's mother recently called and left a message that she would like discuss my thoughts on an agreement between us that I would be paying for my daughter college. The message went on to say that she has an "appointment" with an attorney next week to help set a court date if I am refusing to agree to something willingly. My daughter doesn't turn 18 for over 3 years. I checked with CSRU and my support obligation it set to end when my daughter turns 18 (which will be about a month before she graduates from HS). I have been searching the net for cases in which the court has ordered parents to continue paying support while the child is in college or to pay for any of the college fees. All I could find is a few cases where "divorced" parents had been ordered to pay 1/3 each of the fees. My question is..... Since I was never married to my daughter's mother can I be COURT ORDERED to pay anything?? It seems that this issue of being divorced vrs. never married may be a huge factor with the court's authority regarding this.

BTW. I have a great relationship with my daughter, have never missed a support payment, and already have a fair amount stashed (savings bonds) for my daughter for college. It just rubs me the wrong way to think I may still be ordered to pay after she finishes HS. I plan to help my daughter out with college, but I really don't need anyone to tell me I have to.

swalker

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Reply with quote  #2 
As far as child support.....if you were court ordered to pay child support....whatever your court order says stands.  My divorce decree said that my CS stopped when my son turned 18 and it did....even though he turned 18 in Dec and does not graduate high school until June.  If you have court ordered CS...your papers are legally binding and should stand up in court. Don't let CSRU tell you any different.


Mike124

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Reply with quote  #3 
I'm with ya on that, but is there any possible way my daughter's mother can get an Iowa court in the future to have the postsecondary-education subsidy added? This is what she is threatening to do. Keep in mind I was never married to this woman. I have found some cases were courts have ordered parents to pay for the child's college, but I really think a crucial aspect of this is if you were ever married to the mother. Anyone have any insight?
leglegl321

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Reply with quote  #4 

     You may have a valid point- whether or not you were married to the other person may in fact have some relevance as to whether the Court can order a post-secondary education subsidy.

     First, review the relevant Iowa Code statute.  It used to be in Section 598.21(2)(a).  I do not know if it has changed to a new number.  Review this carefully.  It does establish a cap or limit to what a Court can order.  Your question is whether this is applicable in the absence of a divorce.

     Second, when you look at some of the past appellate decisions on this subject (In re Marriage of Vannausdle, 668 N.W. 2d 885,889 (Iowa 2003); In re Marriage of Goodman 690 N.W. 2d 279 (Iowa 2004) and other older decisions) the original intent and justification of the court's ordering a college subsidy was that the child deserved it as a pay-back ("Quid pro quo") for having gone through the divorce.

     The divorce did seem central to the argument and reasoning, as it is clear that the court cannot order a married couple to pay a college subsidy, only divorced couples.  There is a definite Fourteenth Amendment issue here- there is a definite problem with "equal protection under the law" in this issue.

   But you haven't had a divorce...

   As another thought, however, if your ex somehow thinks that she will get an order continuing your child support through college, then fight that tooth and nail.  That is an old antiquated idea that still pops up every now and then.

     I would consider trying to reach an out of court settlement with her- a Letter of Understanding, outlining both parents responsibilities in a college subsidy.  Make it subject to the provisions of Iowa Code 598.21, so that the cap is in place.  Of course, you are still able to provide for her above and beyond the minimum set by law, that is your choice.

bunches

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Reply with quote  #5 
Granted I am divorced, but this is what happened in my case....
My exwife requested that I pay her.  That did not happen and my child support ceased.  I was directed to pay my son 1/3 of the remaining costs of college after his loans, grants, etc.  The hiccup I have found is that just as I suspected he is failing classes.  Under the code it states that my son has 10 days after the grading period to show me his report card.  He was honest and said it wasn't good and he had failed one maybe two classes.  He is going back under academic probation.  Under the code that means I can stop paying him.  My concern is that if I do that I will be held in contempt even though the law states I don't have to comply anymore if he isn't meeting the expectations under the law.  So far my plan is to pay my share of the 1st semester, but I do not intend to send him any money after that.

Good luck as for some reason judges see that kids are "owed" money because their parents divorced.  My exwife came from a divorced family, and no one helped her pay for college.  I pointed that out in court, but she disagreed of course that I should pay.  I have no proof that she is paying him anything, and the judge doesn't think I need to know that.  Its a joke.
fifthcarin

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Reply with quote  #6 
Isn't there a standard that the child must maintain? I thought that they must be considered full-time students. Failing classes brings them to less than full-time.

Yes, there is.

598.21(2)(a)

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.

bunches

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Reply with quote  #7 

Yes the code states that he must maintain a minimum GPA which he is not, and he must remain full time which so far Central College is telling me he is.  However his GPA is not at the minumum level.  That is my pickle... do I just cut him off or do I have to send something to the court stating why I am no longer sending him money?

fifthcarin

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Reply with quote  #8 

ok, then you have to wait until one full year is complete

bunches

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Reply with quote  #9 

Even though right now he is academically ineligible and going back on probation I am still required to pay for him for the whole year?  As always that just doesn't seem correct especially since the code states he must give me a copy of his grades within 10 days of his receiving them.  I don't have them.

swalker

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Reply with quote  #10 
I thought that after a report card is received and the child is not doing what is expected.....at that time you would not have to pay anymore.  If you are forced to keep up your end of the bargain your "adult" child should have to keep up theirs. 
Also, not sure if you are paying your child directly but I will never send the money to my ex or my son and will pay the money directly to the college knowing that at least my money is going (for once) to what it is supposed to.

fifthcarin

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Reply with quote  #11 
You're right. It sounds stupid to send the money for the 2nd term when he failed his end of the deal, but it does clearly state:

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.
Mike124

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Reply with quote  #12 
So does anyone know if the court has authority (or not) to order this if you have never been married to the child's mother?
BBW

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Reply with quote  #13 
You are missing the bigger picture here. Is it law that married couples are required to pay for their children's college? Why then are we being discriminated against? Because someone has to challenge the law as unconstitutional. My oldest is still four years away. I plan on supporting him if I am able but the government is not going to tell me to, when they do not require married couples to do so. I would hope someone prior to then would have the same views. They do this because we allow them to do so without challenge.

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fifthcarin

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Reply with quote  #14 

exactly bw, but the post-secondary education law is listed under divorces in iowa code, not paternity or child support. I dont' get it. My wife and I have a daughter and 3 sons (in my marriage) get no provision for college expenses, (and we don't pay 1/3 of the expenses, either) why should my daughter from the paternity determination get one? why does the state have such a vested interest in her, that I have no right to, but not my children that we've had way before her?

BBW

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Reply with quote  #15 
Someone who is in this position has to take the battle to them. It is unconstitutional to have this law. If I was in this position right now or shortly I would be contacting a civil liberties lawyer to start feeling out how to go about getting this law off of the books.

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Mike124

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Reply with quote  #16 
Looks like I may be the one who has to push this one. Got a message from my daughter's mother tonight (I've stopped answering the phone when she calls and let her leave messages), she is giving me "one last chance to put something on paper for her to take to her attorney before she is forced to take this to court". F that. I fully plan to assist my daughter with college, but I don't need her mother or a judge to order me to do anything. I have recently married, and my new wife and I plan to have a couple of kids and build a new house within 3 years. When can I get on with my life without having to factor in what I'm ORDERED to pay? I've paid CS and provided my daughter's health insurance without missing a payment since she was a baby (15 years).

I will keep everyone updated on how this plays out, so anyone that may have a circumstance like this in the future can have something to go off of. I am still curious if anyone knows if I'm in the clear since I was never married to this woman. I'm really debating if I'm going to have to hire an attorney of my own to fight this or if there is nothing the Iowa court can do since there was never a divorce. If they can't order anything, there's no sense in getting an attorney.

fifthcarin

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Reply with quote  #17 

Last night I was online and found something on I think, the state site or the judicial site. I forgot to save it and I am trying to find it right now. It said that we can file and ask the state to review a code and ask to have it temporarily or permanently ended as long as we have SOME interest, but it doesn't have to be a personal interest. If we can find this, it MAY be a way to get them to look at these things. Do you know where it is?

bunches

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Reply with quote  #18 

Why are children of divorce owed anything under this law?  It truly doesn't make any sense to me.  I thought that at the time, but how do you fight the Iowa Code? This is such an outrageous law that gives children of divorce even longer to ride the gravy train.  It's no wonder so many kids go to college and don't finish when they aren't out anything.  If they want to better their chances at adulthood than they should pay for it themselves.  My new wife and I have been arguing about this for weeks because she was a child of divorce, and she paid every dime of her college herself.  Never once did she take her parents to court to pay for college.  My exwife was a child of divorce and she paid her own college too.  So what is the deal here?  I just don't understand this law.  Just as I don't understand why I can't just buy things for my children and keep track of how much I spend a year on shoes, clothes, etc to have more control over how my exwife spends my hard earned money.  I just hate this!

swalker

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Reply with quote  #19 
I totally agree bunches!  We all are willing to help our kids out but the fact that there is  actually a "law" that makes us pay is outrageous!  My parents were not divorced and did not give me a dime. My wife the same. I too believe that some help to our kids is fine....a free ride only makes them feel entitled and alot of times don't get what it is like to work hard for something.  By the time they are 18 they are considered adults and should then be treated as such.  
fifthcarin

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Reply with quote  #20 

I found that site. I'm thinking that maybe filing and asking them to recind that code might be a start. You're right, these types of things are what keeps kids having a sense of entitlement, one thing the government keeps complaining about in young people.

slpederson

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Reply with quote  #21 
Based on my research and what my lawyer has stated, if you were never married the Iowa Code does not apply to you.

I am currently in a situation where my ex is taking me back to court for $6000 per year for tuition at ISU.  Aside from being pissed about being "forced" to pay these college expenses, they are trying to force me to pay personal living expenses on top of it.  My 1/3 should be $4600.00 per year.  That is 1/3 of tuition, room, and board.  I don't feel like I should be responsible for her spending money.  I have been trying to find cases where the judge did not allow "personal expenses" with regard to post secondary education.  Any help would be great!
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behzadarta

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Reply with quote  #25 
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dipsha35e

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Reply with quote  #26 
Green juice has gained popularity for the list of health benefits associated with drinking it. It's a convenient way to ensure organifi reviews organifi protein powder organifi complete protein organifi purathrive reviews yoga burn p3-om reviews masszymes reviews
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