September 13, 2013. In divorce cases, Iowa law provides an obligation to pay a postsecondary education subsidy for your children if “good cause” exists. A judge will determine if each parent shall pay up to 1/3 of the cost of a child’s college education. The judge will consider the cost of attending an in-state public institution and permit only reasonable costs for necessary post-secondary education expenses. The court will examine the parents’ ability to pay for a college education. The court will also consider whether the child can contribute to his/her own educational costs. The availability of financial aid and the ability of the child to earn income while attending school are factors in this determination.

The post-secondary subsidy will not be awarded if the child has publicly disowned the parent or refuses to acknowledge the parent. The child must forward his/her grades to each parent. Failure to maintain a grade point average in the median range or above can cause termination of the subsidy. The subsidy ends when the student reaches the age of 23, unless terminated by the court earlier for another reason.

Often, parties will address the postsecondary educational subsidy in a stipulation. The parties will usually agree that either parent can make application at a later time to address the subsidy. If a divorce happens when the child is young, it makes sense to ask the court to retain jurisdiction and address the issue if raised at a different point down the road. If you are going through a divorce, be sure to ask your attorney about your options regarding paying for your child’s college education.

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