No. 3-809 / 03-0377Court of Appeals of Iowa.
April 28, 2004.
Appeal from the Iowa District Court for Black Hawk County, K.D. Briner, Judge.
Appeal from order fixing father’s responsibility for postsecondary educational support for his son. AFFIRMED ANDREMANDED.
Timothy Luce of Anfinson Luce, Waterloo, for appellant.
Robert Andres of Fulton, Martin Andres, P.C., Waterloo, for appellee.
Considered by Huitink, P.J., Eisenhauer, J., and Snell, S.J.[*]
SNELL, S.J.
This appeal comes from an order of the court adjusting child support and setting a postsecondary education amount. The issue arises from an application for adjustment of child support fixed by a settlement and dissolution of marriage decree.
Petitioner, Garland Angove, seeks to reduce the amount of child support from $883 per month for two children to $600 per month for one child. He further asks the court to relieve him of any obligation to provide financial support for his son, Trevor, to obtain a postsecondary education.
We review this matter de novo. Iowa R. App. P. 6.4. The fact findings of the district court are given weight but we are not bound by them. Iowa R. App. P. 6.14(6)(g).
By prior district court order, the amount of child support was scheduled to be reduced to $600 for support of the parties’ youngest child, Callie, when their middle child, Trevor, became of age. The language of the court’s opinion is to the effect of confirming that result. We find there is no dispute here and affirm that result.
The disputed legal question is whether Trevor Angove is entitled to receive support from his father, Garland, to pay for postsecondary educational expenses. Iowa Code section 598.21(5A) (2001) provides that the court may order a postsecondary education subsidy if good cause is shown. Although the requirements for eligibility may be met, an exception is provided by statute. Iowa Code section 598.21(5A) (3)(c) states:
A postsecondary education subsidy shall not be awarded if the child has repudiated the parent by publicly disowning the parent, refusing to acknowledge the parent, or by acting in a similar manner.
Garland points to this statute believing that it applies to his situation.
Our court discussed repudiation In re Marriage of Dolter, 644 N.W.2d 370, 373 (Iowa Ct.App. 2002). In that case the child did not encourage his mother to attend his high school graduation ceremony but did not argue with her when she said she was going to attend. Our court held there was not enough evidence to show repudiation. Dolter, 644 N.W.2d at 373. In another case, State ex rel. Tack v. Sandholt, 519 N.W.2d 414, 418 (Iowa Ct.App. 1994), our court held that the lack of contact was due to the parent’s’ harassing conduct. These circumstances were of the parents own making and were not proof of repudiation. Id. By contrast is the situation shown in In re Marriage of Baker, 485 N.W.2d 860, 862 (Iowa Ct.App. 1992). Two children consciously and intentionally disowned their father. They refused to return their father’s greeting on the street. They introduced their mother but not their father at a community reception. In the high school annual and newspaper they listed their mother as their only parent. Baker, 485 N.W.2d at 862. See also In re Marriage of Pendergast, 565 N.W.2d 354, 357 (Iowa Ct.App. 1997).
In the present case, the trial court found that the evidence does not show that Trevor Angove publicly repudiated or disowned his father, Garland Angove. The court said that Trevor has acted as a petulant, angry young man choosing to punish his father for having hurt his mother. At the same time the court found that Garland has acted in immature and self-centered ways that alienated his children. We view the evidence similarly. In any case, the evidence does not show that Trevor has publicly disowned or publicly repudiated Garland as his father.
The final issue concerns the computation of the level of support for Trevor’s postsecondary education. The statute provides:
The court shall determine the cost of postsecondary education based upon the cost of attending an in-state public institution for a course of instruction leading to an undergraduate degree and shall include the reasonable costs for only necessary postsecondary education expenses.
Iowa Code § 598.21(5A) (1). Garland submits that if he is required to provide an educational subsidy, it should only be for tuition, books and rent.
Our supreme court has stated what it considers as necessary expenses under the statute. In re Marriage of Vannausle, 668 N.W.2d 885, 889 (Iowa 2003). Those include tuition, room, board and books, including mandatory fee assessments for such things as laboratory, student health and computer use plus reasonable expenses for social, cultural and educational experiences. Id.
The estimated costs submitted in evidence are $2,400 per school year for tuition and books, monthly apartment rent at $242.50, electricity at $40 per month and $200 per month for food. These costs are based on a twelve-hour schedule amount to about $8,200. If Trevor took a fifteen-hour schedule, there would be additional expense of $468 for tuition and $125 for books. The annual expense would then be about $8,800.
Trevor is attending Kirkwood Community College which does not provide dormitory style living. Thus apartment living is necessary. Even so, the trial court found that the above expenses are significantly less than the average cost for undergraduate instruction at an in — state university. Our de novo review leads us to the same conclusion. Trevor’s costs per month are found to be $950. Garland is responsible for payment of one-third of these costs so long as Trevor meets the statutory requirements for receiving educational support. See Iowa Code § 598.21(5A) (3) (2001).
We affirm and remand for entry of such further orders as are necessary to carry out this decision.
AFFIRMED AND REMANDED.