S.F. 272 Section 1. Section 598.1, subsection 8, Code 2021, is 1 amended to read as follows: 2 8. “Postsecondary education subsidy” means an amount 3 mutually agreed upon in writing by the parties which either of 4 the parties may be required to pay under a temporary order or 5 final judgment or decree for educational expenses of a child 6 who is between the ages of eighteen and twenty-two years if the 7 child is regularly attending a course of career and technical 8 training either as a part of a regular school program or 9 under special arrangements adapted to the individual person’s 10 needs; or is, in good faith, a full-time student in a college, 11 university, or community college; or has been accepted for 12 admission to a college, university, or community college and 13 the next regular term has not yet begun. 14 Sec. 2. Section 598.21F, Code 2021, is amended by striking 15 the section and inserting in lieu thereof the following: 16 598.21F Postsecondary education subsidy. 17 1. Order of subsidy. The court may order a postsecondary 18 education subsidy only if mutually agreed upon in writing by 19 the parties. 20 2. Subsidy payable. The postsecondary education subsidy 21 shall be payable to the child, to the educational institution, 22 or to both, but shall not be payable to the custodial parent. 23 3. Application. A support order, decree, or judgment 24 entered or pending before July 1, 2021, that provides for 25 support of a child for college, university, or community 26 college expenses may be modified in accordance with this 27 section. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill amends provisions relating to a postsecondary 32 education subsidy. 33 Under current law, a “postsecondary education subsidy” is 34 defined as an amount which either party may be required to 35 -1- LSB 2464XS (3) 89 pf/rh 1/ 2

S.F. 272 pay under a temporary order or final judgment or decree for 1 educational expenses of a child who is between the ages of 18 2 and 22 years if the child is regularly attending a course of 3 career and technical training either as a part of a regular 4 school program or under special arrangements adapted to the 5 individual person’s needs; or is, in good faith, a full-time 6 student in a college, university, or community college; or 7 has been accepted for admission to a college, university, 8 or community college and the next regular term has not yet 9 begun. A postsecondary education subsidy may be ordered by the 10 court if good cause is shown based upon criteria specified by 11 law. The law also specifies how the subsidy is payable; the 12 effect on the payment of the subsidy resulting from repudiation 13 of a parent by the child; the obligations of the child; the 14 application to existing support orders, decrees, or judgments; 15 and the necessary content of the order. 16 Under the bill, the current Code section relating to the 17 provision of a postsecondary education subsidy is stricken and 18 replaced to instead provide for the ordering of a postsecondary 19 education subsidy by the court only if mutually agreed upon in 20 writing by the parties. The subsidy remains payable to only 21 the child, to the educational institution, or to both, but not 22 to the custodial parent. With regard to the applicability of 23 the new provision, a support order, decree, or judgment entered 24 or pending before July 1, 2021, that provides for support of a 25 child for college, university, or community college expenses 26 may be modified in accordance with the bill. The bill makes 27 other conforming Code changes to reflect the new requirements 28 for the ordering of a postsecondary education subsidy under the 29 bill. 30 -2- LSB 2464XS (3) 89 pf/rh 2/ 2