In re the Marriage of Moore

702 N.W.2d 517, 2005 Iowa App. LEXIS 409, 2005 WL 1225740
CourtCourt of Appeals of Iowa
DecidedMay 25, 2005
DocketNo. 04-1505
StatusPublished
Cited by2 cases

This text of 702 N.W.2d 517 (In re the Marriage of Moore) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Marriage of Moore, 702 N.W.2d 517, 2005 Iowa App. LEXIS 409, 2005 WL 1225740 (iowactapp 2005).

Opinion

SACKETT, C.J.

Mark William Moore appeals, challenging an award of a postsecondary education subsidy the district court entered establishing an obligation for him to pay $4,000 a year towards expenses for his son Jonathan Moore. Mark contends (1) good cause did not exist to award the subsidy, (2) Jonathan failed to maintain the grade point average in his first year at college necessary to support a subsidy, (3) his financial condition was not considered in determining the amount of the subsidy, (4) the amount of the subsidy was not properly calculated, and (5) he should not have been ordered to pay $2,500 of Janet’s attorney fees. We reverse and dismiss.

We review de novo. Iowa R.App. P. 6.4; In re Marriage of Robbins, 510 N.W.2d 844, 844 (Iowa 1994). We give weight to the district court’s findings of fact, but we are not bound by them. Iowa R.App. P. 6.14(6)(p).

The marriage of Mark and Janet Jor-don-Moore was dissolved in 1989. Jonathan, born in February of 1985, was a product of the marriage. In the fall of 2003, Jonathan entered Iowa State University. Jonathan testified that before he did so he talked to his father about helping with his expenses and his father assured him he would assist financially. Mark did not help with Jonathan’s expenses, and in December of 2003 Janet filed the application to modify the parties’ dissolution decree to provide a college subsidy for Jonathan. The matter came on for trial on August 17, 2004. By that time Jonathan had completed his first year at Iowa State University and his grades were well below average.

There is no obligation at common law to support an adult child who is not under a disability. Rather, at common law a parent’s obligation to support his or her child ends when the child becomes of age, [519]*519unless the child is physically or mentally unable to care for him or herself. Johnson v. Louis, 654 N.W.2d 886, 887 (Iowa 2002); Davis v. Davis, 246 Iowa 262, 266, 67 N.W.2d 566, 568 (1954); Blackley v. Laba, 63 Iowa 22, 23-24, 18 N.W. 658, 658 (1884). Therefore, in determining whether there is an obligation of support to the adult children here, we need look to the obligation, if any, created by the legislature.

Divorced parents can be ordered to provide defined financial support for their adult children until age twenty-two under Iowa Code section 598.21(5A) (2003). The obligation established by this section is limited to divorced parents because children of divorced parents have had the attributes of a legally recognized parental relationship taken from them by court decree and the benefit is a quid pro quo for the loss of stability resulting from the dissolution. See Johnson, 654 N.W.2d at 891; In re Marriage of Vrban, 293 N.W.2d 198, 202 (Iowa 1980). It does not apply to parents who are still married to each other or those who never married. Johnson, 654 N.W.2d at 891.

The issues here focus on the interpretation and application of the Iowa Code section above. This section is a part of the provisions relating to the disposition of property and support in a dissolution of marriage and permits a court to order either party to a divorce to subsidize the postsecondary educational expenses of a child if good cause is shown. See also Iowa Code § 598.1(8). The child must be between eighteen and twenty-two years of age and either regularly attend vocational-technical training, be a full-time college student, or be “accepted for admission to a college” for the next regular term. Id. The subsidy payment is known as a “post-secondary education subsidy.” Id.

In considering Mark’s obligation, if any, we look to the statute, any agreement he made, and any orders establishing support. In interpreting a statute, we look to its language, and if its meaning is clear, we are not permitted to search beyond its express terms. State v. Nelson, 329 N.W.2d 643, 646 (Iowa 1983).

The first issue we need to address is whether Jonathan qualifies for a subsidy. There has been no previous finding that he does qualify. Jonathan is a child of divorced parents who is unmarried and not yet twenty-two years of age, and at the time of trial was planning to enter his second year of study at Iowa State University. He qualifies under the statute as a person who can benefit. See In re Marriage of Dolter, 644 N.W.2d 370, 372 (Iowa Ct.App.2002). Yet our inquiry does not end there. In re Marriage of Longman, 619 N.W.2d 369, 370 (Iowa 2000).

Under section 598.21(5A) we must also determine if good cause exists to award a postsecondary education subsidy. In re Marriage of Murphy, 592 N.W.2d 681, 684 (Iowa 1999). To do so we must, among other things, assess the ability of Jonathan to complete postsecondary education and his actual financial needs. Id. This threshold issue must be resolved before the court goes to the next step of calculating and ordering the parties’ contributions. Id.

To determine if good cause exists for a postsecondary education subsidy, we next need to consider Jonathan’s postsecondary educational ability, financial resources, and whether he is self-sustaining. Iowa Code § 598.21(5A)(a); Longman, 619 N.W.2d at 370.

Mark argues good cause does not exist because Jonathan has failed to show he has the ability to pursue postsecondary education as illustrated by the low grade point average he received in his first two [520]*520semesters at Iowa State University. Mark also argues that because Jonathan failed to maintain a grade point in the median range or above during his first year at Iowa State University, section 598.21(5A)(d) results in a loss of any subsidy. This section requires a student to forward grade reports to each parent within ten days of their receipt and then provides in relevant part:

Unless otherwise specified by the parties, a post-secondary education subsidy awarded by the Court shall terminate 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 the first calendar year.

Iowa Code § 598.21(5A)(d) (emphasis supplied).

Jonathan’s grade point average for the 2003-2004 academic year was 1.48. The cumulative grade point average for all Iowa State University freshmen in the College of Liberal Arts and Sciences for the fall of 2003 was 2.491 and Jonathan’s was 1.92. For the spring semester of 2004 the cumulative grade point was 2.602 and Jonathan’s was 1.17.

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702 N.W.2d 517, 2005 Iowa App. LEXIS 409, 2005 WL 1225740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-moore-iowactapp-2005.