Wednesday, May 30, 2007

Veterans' Disability Education Benefits: Who Should Get the Credit?

The Iowa Court of Appeals in In Re Marriage of Turner http://www.judicial.state.ia.us/court_of_appeals/Recent_Opinions/20070523/7-234.pdf recently addressed the issue of how Veteran's Disability Education Benefits should be applied to parents' post-secondary education responsibility. In Iowa, and depending on the circumstances, each parent may be liable for up to 33.33% of a child's post-secondary education expenses (using in-state tuition as a basis).

In Turner, the father, who received the Education Benefits as a result of his military service argued that the trial court erred because it treated the benefit as the child's resource without crediting it against his proprotionate share of his daughter's college expenses. The Court of Appeals had a different interpretation that was nonetheless to the father's benefit.

The Court of Appeals compared it to Social Security Disability or retirement benefits paid directly to a child but are counted as parental income and credited against the parent's child support obligation. The Court determined that the same approach should be applied in this case and the benefits should be counted as income to the father and credited against his share of his daughter's post-secondary education expenses.

This is an important issue because if your child is entitled to receive governmental benefits you may be entitled to a credit against your child support or other support obligation. Speak to an Iowa family law attorney to discuss what benefits these laws may provide you.

Wednesday, May 09, 2007

Vegan Couple Gets Life in Prison

A vegan couple were sentenced Wednesday to life in prison for the death of their malnourished 6-week-old baby boy who weighed approximately 3.5 pounds. The couple fed a diet largely consisting of soy milk and apple juice to their son claiming that they followed this diet to avoid animal products.

After seven hours of deliberation the ury found the couple guilty of malice murder, felony murder, involuntary manslaughter and cruelty to children. See story at http://www.msnbc.msn.com/id/18574603/?GT1=9951

In Iowa, there are several options in helping children in similar situations such as contacting Department of Human Services, claiming exigent circumstances and having an already existing decree modified, or filing a new action and requesting a temporary matters hearing. Other options such as injunctions may exist as well and can be explored by contacting a family law attorney with experience in this area.