Narrative Opinion Summary
In this appellate case, the Iowa Court of Appeals addressed modifications to a dissolution decree related to postsecondary education subsidies and visitation arrangements between the parties' children and their parents. The appellant contested the denial of a subsidy for their eldest child's 2019-2020 academic year expenses, which the court refused due to insufficient evidence regarding the costs. Although a subsidy for the 2020-2021 year was awarded, the court declined to set future amounts given uncertain future costs. The court also modified the visitation schedule for the younger child, allowing alternation between parents every two weeks during summer, reflecting changes in the non-custodial parent's work schedule and the child's preference. The court mandated weekly phone calls during visitation to maintain communication with the custodial parent. Regarding child support, the court ruled that an extraordinary visitation credit should not apply for 2020, as additional visitation would only commence in 2021, and ordered recalculations accordingly. The appellant's request for retroactive child support modification was denied. The court's decisions upheld the subsidy for 2020-2021, adjusted visitation, and directed recalculations of child support, reflecting a balanced consideration of the evidence and statutory requirements.
Legal Issues Addressed
Child Support and Extraordinary Visitation Creditsubscribe to see similar legal issues
Application: The court agreed that extraordinary visitation credit should not be applied for 2020 because the increased visitation does not commence until 2021.
Reasoning: The court agrees with Cathleen that Ryan should not receive credit for 2020 since his extra visitation only starts in 2021, and remands for recalculation of the child support for 2020.
Evidence of Costs for Postsecondary Educationsubscribe to see similar legal issues
Application: The court emphasized that costs should be based on the published rate from the educational institution, and the failure to provide this documentation precluded establishing necessary costs for a subsidy.
Reasoning: The court emphasized that costs should be based on the published rate from the educational institution, and since Cathleen did not provide this documentation for ISU, the court could not establish the costs necessary to grant a subsidy for that year.
Postsecondary Education Subsidy under Iowa Code Section 598.21Fsubscribe to see similar legal issues
Application: The court requires sufficient evidence of the costs of attendance to award a postsecondary education subsidy, which was lacking for the 2019–2020 school year.
Reasoning: The district court determined that while there was sufficient evidence to award a subsidy for the 2020–2021 school year, it could not do so for the 2019–2020 year due to a lack of evidence regarding the actual costs of attendance.
Requirement to Provide Academic Grades for Subsidysubscribe to see similar legal issues
Application: The court ruled that a subsidy could not be awarded for the 2019–2020 school year because the recipient did not provide grades, as required by Iowa Code 598.21F(5).
Reasoning: The court ruled that a subsidy could not be awarded for the 2019–2020 school year because P.H. did not provide Ryan with her grades, as required by Iowa Code 598.21F(5).
Visitation Schedule Modificationsubscribe to see similar legal issues
Application: The court modified the visitation schedule to reflect changes in the non-custodial parent's work schedule and the child's desire to spend more time with that parent.
Reasoning: The modified decree establishes that M.H. will alternate care between both parents every two weeks starting from the first full day of M.H.’s summer break, with transportation responsibilities divided such that the receiving parent handles transportation.