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Big_Eric

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Reply with quote  #1 
This bill says that whether you were married or not to the other parent, you can be ordered to pay post seconday schooling expenses. This has already passed the senate, 49-1. It is in the house. We need to lobby our house members to vote against this bill.
 
A BILL FOR

  1 An Act relating to the postsecondary education subsidy.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 1590SV 82
  4 pf/gg/14

PAG LIN



  1  1    Section 1.  Section 598.21F, subsection 1, Code 2007, is
  1  2 amended to read as follows:
  1  3    1.  ORDER OF SUBSIDY.  The court may order a postsecondary
  1  4 education subsidy if good cause is shown.  A parent may be
  1  5 ordered to provide a postsecondary education subsidy for the
  1  6 parent's child under this subsection whether or not the
  1  7 parents of the child were married to one another.

  1  8    Sec. 2.  Section 600B.25, Code 2007, is amended by adding
  1  9 the following new subsection:
  1 10    NEW SUBSECTION.  3.  Upon a finding of paternity pursuant
  1 11 to section 600B.24, the court may also order a postsecondary
  1 12 education subsidy as defined in section 598.1 and as provided
  1 13 in section 598.21F.  The construction, application, and
  1 14 interpretation of this subsection shall be the same as the
  1 15 construction, application, and interpretation of sections
  1 16 598.1 and 598.21F.
  1 17                           EXPLANATION
  1 18    This bill relates to the postsecondary education subsidy.
  1 19 The bill provides, under the dissolution of marriage and
  1 20 domestic relations chapter (Code chapter 598) that a parent
1 21 may be ordered to provide a postsecondary education subsidy to

  1 22 a child whether or not the parents of the child were married
  1 23 to one another.  Additionally, under the paternity and
  1 24 obligation for support chapter (Code chapter 600B) the bill
  1 25 provides that upon a finding of paternity, the court may also
  1 26 order a postsecondary education subsidy and the construction,
  1 27 application, and interpretation of this provision is to be the
  1 28 same as the construction, application, and interpretation of
  1 29 the provisions relating to postsecondary education subsidy
  1 30 under the dissolution of marriage chapter (Code chapter 598).

 
Current Lobbyist Declarations for this bill:
 
MARCH 27, 2007  20:03:21
                    82nd General Assembly
                          SF  373
A bill for an act relating to the postsecondary education subsidy.
(Formerly SSB 1281.)


Martin Connell  MARCH 15, 2007
Against    Children Need Both Parents
Against    IA. Fathers .Com

Harry Whiteside  MARCH 14, 2007
Against    Children Need Both Parents
Against    Iowa Fathers.com

George Appleby  MARCH 8, 2007
For        IA. State Bar Assn.

Jennifer Tyler  MARCH 8, 2007
For        IA. State Bar Assn.

Jim Carney  MARCH 8, 2007
For        IA. State Bar Assn.

Michael Heller  MARCH 7, 2007
Undecided  Bridgepoint Education
Undecided  Kaplan Higher Education

Paula Feltner  MARCH 7, 2007
Undecided  Bridgepoint Education
Undecided  Kaplan Higher Education




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Eric E. Durnan
Wadena, Iowa

[i]I don't see the glass as being half full or half empty. I see the glass as being twice as large as it needs to be. [/b]
IceMountain

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I am completely against this bill!  I don't understand how they can force a non-custodial parent to pay for college while the custodial parent does not have the same obligation.  Furthermore, if the couple were still married or in a relationship there would be NO guarantee that either parent would assist their child with college expenses.  Why should divorced or separated persons be taxed with paying their child's education?  Are they going to force a parent of an 'intact' family to pay their ADULT child's bills?  NOPE!  Because it's not legal! 

I had a friend in college that received child support while she was attending school.  I didn't understand it then, when I was a poor college student and before I was married or had a kid, and I don't understand it now.  (On a side-note the child support was sent directly to my friend and she used it for living expenses.)

The simple fact about college is that the cost of tuition is not something many families can afford unless they were able to set up a college fund.  Kids have to work their way through college in addition to taking out student loans, getting grants and being awarded scholarships.  Life is tough! 

I'm not saying that parenting ends when the child graduates high school or turns 18, because it never ends!  Most parents want to support their child's college, and not just financially.  But, ordering support to one parent and not the other is not the way to achieve it.  The only thing the state will achieve is 4-5 more years of matching federal $$, while the average non-custodial father continues to go into debt and be held prisoner to an unfair system!

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Chad

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Reply with quote  #3 

No what will happen is that NCPs will leave the state and Iowa will become deserted by all people actually willing to work and left with welfare lowlifes. Iowa is already the laughing stock of all other northern states what will it become with no working population?


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When you implement “from each according to his ability, to each according to his need,” magically, everyone starts having quite a lot of need and very little ability.
KenRichards

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Reply with quote  #4 

I see why they are doing this because it closes a loophole in which unmarried child support payees can escape.  I am against it but I am also against divorced payees must paying post secondary education expenses.  Once married parents are forced to pay for college I will revise my position.

ironeagle

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Said it once, say it again, blatant discrimination and abuse of power.


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ship4brains

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Reply with quote  #6 


Is this now law?
Chad

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Reply with quote  #7 
It is only law until someone challenges it in Iowa's or even the nations supreme court. It will have to be ruled unconstitutional. It will happen sometime in the next 9 years because that is when they will TRY to order me to pay it.
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What's wrong with socialism in one sentence:
When you implement “from each according to his ability, to each according to his need,” magically, everyone starts having quite a lot of need and very little ability.
ship4brains

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Reply with quote  #8 
Are you sure it is law??    When did it take effect?  I have found these:

Dated 2/24/2010

http://www.law.ku.edu/publications/lawreview/pdf/4_Wallace_Final.pdf

Other limitations exist by state. In Connecticut, if the original divorce decree fails to provide for the educational support of the child or to reserve the issue for consideration at a later date, an educational support order cannot thereafter be awarded.117 In Massachusetts, for the child to qualify for higher-education support, he or she must be domiciled in the parent’s home118 and dependent on the parent for maintenance while enrolled in an undergraduate program.119 Finally, in Iowa, post-secondary educational support is limited to children of divorce and does not apply to children of unmarried parents.120

 

Also

 

dated 2008

 

http://www.law.uiowa.edu/documents/ilr/Huitink.pdf

Therefore, according to Iowa courts, the statute only applies in situations involving divorce and does not apply to familial situations involving married parents or parents who never married.57

 

 

ship4brains

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Reply with quote  #9 

Another case...not married....dated July 2009


http://ia.findacase.com/research/wfrmDocViewer.aspx/xq/fac.%5CIA%5C2009%5C20090702_0000584.IA.htm/qx
ship4brains

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Reply with quote  #10 
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