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House Journal: Page 1466: Wednesday, April 23, 1997

 9   inserting the following:
10     "NEW SUBSECTION.  5A.  The court may order a
11   postsecondary education subsidy if good cause is
12   shown.
13     a.  In determining whether good cause exists for
14   ordering a postsecondary education subsidy, the court
15   shall consider the age of the child, the ability of
16   the child relative to postsecondary education, the
17   child's financial resources, whether the child is
18   self-sustaining, and the financial condition of each
19   parent.  If the court determines that good cause is
20   shown for ordering a postsecondary education subsidy,
21   the court shall determine the amount of subsidy as
22   follows:
23     (1)  The court shall determine the cost of
24   postsecondary education based upon the cost of
25   attending an in-state public institution for a course
26   of instruction leading to an undergraduate degree and
27   shall include the reasonable costs for only necessary
28   postsecondary education expenses.
29     (2)  The court shall then determine the amount, if
30   any, which the child may reasonably be expected to
31   contribute, considering the child's financial
32   resources, including but not limited to the
33   availability of financial aid whether in the form of
34   scholarships, grants, or student loans, and the
35   ability of the child to earn income while attending
36   school.
37     (3)  The child's expected contribution shall be
38   deducted from the cost of postsecondary education and
39   the court shall apportion responsibility for the
40   remaining cost of postsecondary education to each
41   parent on a pro rata basis, in accordance with each
42   parent's income.
43     b.  A postsecondary education subsidy shall be
44   payable to the child, to the educational institution,
45   or to both, but shall not be payable to the custodial
46   parent.
47     c.  A postsecondary education subsidy shall not be
48   awarded if the child has disenfranchised the parent by
49   publicly disowning the parent, refusing to acknowledge
50   the parent, or by acting in a similar manner.

Page 6

 1     d.  Unless otherwise specified by the parties, a
 2   postsecondary education subsidy awarded by the court
 3   shall be terminated upon the child's completion of the
 4   first calendar year of course instruction if the child
 5   fails to maintain a cumulative grade point average in
 6   the median range or above during that first calendar
 7   year."
 8     10.  Page 120, by striking lines 1 through 16 and

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