As used in this chapter:
1. “Best interest of the child” includes but is not limited to the opportunity for maximum
continuous physical and emotional contact possible with both parents, unless direct physical
or significant emotional harm to the child may result from this contact. Refusal by one parent
to provide this opportunity without just cause shall be considered harmful to the best interest
of the child.
2. “Dissolution of marriage” means a termination of the marriage relationship and shall
be synonymous with the term “divorce”.
3. “Joint custody” or “joint legal custody” means an award of legal custody of a minor
child to both parents jointly under which both parents have legal custodial rights and
responsibilities toward the child and under which neither parent has legal custodial rights
superior to those of the other parent. Rights and responsibilities of joint legal custody
include but are not limited to equal participation in decisions affecting the child’s legal
status, medical care, education, extracurricular activities, and religious instruction.
4. “Joint physical care” means an award of physical care of a minor child to both joint legal
custodial parents under which both parents have rights and responsibilities toward the child
including but not limited to shared parenting time with the child, maintaining homes for the
child, providing routine care for the child and under which neither parent has physical care
rights superior to those of the other parent.
5. “Legal custody” or “custody” means an award of the rights of legal custody of a minor
child to a parent under which a parent has legal custodial rights and responsibilities toward
the child. Rights and responsibilities of legal custody include but are not limited to decision
making affecting the child’s legal status, medical care, education, extracurricular activities,
and religious instruction.
6. “Minor child” means any person under legal age.
7. “Physical care” means the right and responsibility to maintain a home for the minor
child and provide for the routine care of the child.
8. “Postsecondary education subsidy” means an amount for educational expenses of a
child who is between the ages of eighteen and twenty-two years if the child is regularly
attending a course of career and technical training either as a part of a regular school
program or under special arrangements adapted to the individual person’s needs; or is, in
good faith, a full-time student in a college, university, or community college; or has been
accepted for admission to a college, university, or community college and the next regular
term has not yet begun.
9. “Support” or “support payments” means an amount which the court may require either
of the parties to pay under a temporary order or a final judgment or decree, and may include
alimony, child support, maintenance, and any other term used to describe these obligations.
For orders entered on or after July 1, 1990, unless the court specifically orders otherwise,
medical support is not included in the monetary amount of child support. The obligations
shall include support for a child who is between the ages of eighteen and nineteen years who
is engaged full-time in completing high school graduation or equivalency requirements in a
manner which is reasonably expected to result in completion of the requirements prior to
the person reaching nineteen years of age; and may include support for a child of any age\n\nTue Dec 09 22:00:11 2025 Iowa Code 2026, Chapter 598 (41, 1)
3 DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS, §598.5\n\nwho is dependent on the parties to the dissolution proceedings because of physical or mental
disability.
[C71, 73, 75, 77, 79, 81, §598.1; 82 Acts, ch 1250, §1]
84 Acts, ch 1088, §1; 86 Acts, ch 1245, §1495; 90 Acts, ch 1224, §41; 90 Acts, ch 1253, §120;
97 Acts, ch 175, §182 – 185, 200; 2016 Acts, ch 1108, §69; 2025 Acts, ch 57, §1, 5
Referred to in §8.89, 252B.1, 252B.13A, 252B.14, 252B.24, 252D.16, 633.425, 714I.4
2025 amendment to subsection 8 applies to a support order, decree, or judgment entered or pending on or after July 1, 2025; 2025 Acts,
ch 57, §5
Subsection 8 amended
\n
Notes of Decisions
In Re the Marriage of Hansen, 733 N.W.2d 683 (Iowa 2007).
· cites it 8× “” Iowa Code § 598.1 (3), (5) (2005). When joint legal custody is awarded, “neither parent has legal custodial rights superior to those of the other parent.”
In Re Marriage of Vrban, 293 N.W.2d 198 (Iowa 1980).
· cites it 20× “He also raises the constitutionality of section 598.1(2), The Code 1977, which allows a trial court to order a divorced parent to pay support for an adult child “who is regularly attending an approved school” or who is in good faith “a full-time student in a college.”
In Re the Marriage of Brown, 778 N.W.2d 47 (Iowa Ct. App. 2009).
· cites it 6× “See Iowa Code § 598.1 (4) (2007) (stating with joint physical care, “both parents have rights and responsibilities toward the child including, but not limited to, shared parenting time with the child, maintaining homes for the child, [and] providing routine care for the child”).”
In Re Marriage of Hynick, 727 N.W.2d 575 (Iowa 2007).
· cites it 6× “” Iowa Code § 598.1 (3), (5). When parties are awarded “joint legal custody,” “both parents have legal custodial rights and responsibilities toward the child” and “neither parent has legal custodial rights superior to those of the other parent.”
In Re the Marriage of Pals, 714 N.W.2d 644 (Iowa 2006).
· cites it 8× “tained a separate provision that provided: In the event that the first child of the parties shall continue with any post-secondary education, the required level of support shall continue at the rate of $679 per month until such time as the first child of the parties either…”
In Re the Marriage of Goodman, 690 N.W.2d 279 (Iowa 2004).
· cites it 9× “” Iowa Code § 598.1 (2) (1991). In the original decree, the district court retained “jurisdiction to consider a further application at the appropriate time to determine whether or not the child support obligation should continue” in accordance with section 598.”
In Re the Marriage of Mayfield, 477 N.W.2d 859 (Iowa Ct. App. 1991).
· cites it 16× “The court provided for automatic extensions of child support under Iowa Code section 598.1(2) in the event either child attends college and otherwise remains eligible for support.”
In Re Marriage of Fennelly & Breckenfelder, 737 N.W.2d 97 (Iowa 2007).
· cites it 3× “” Iowa Code § 598.1 (5) (2005). Physical care, on the other hand, is “the right and responsibility to maintain a home for the minor child and provide for the routine care of the child.”
In Re the Marriage of Witten, 672 N.W.2d 768 (Iowa 2003).
· cites it 4× “” Iowa Code § 598.1 (6) (emphasis added). Whether frozen embryos fall within this definition is an issue of first impression for this court.”
— Iowa Code § 598.1(1) — 4 cases
— Iowa Code § 598.1(2) — 54 cases
In Re Marriage of Vrban, 293 N.W.2d 198 (Iowa 1980).
“He also raises the constitutionality of section 598.1(2), The Code 1977, which allows a trial court to order a divorced parent to pay support for an adult child “who is regularly attending an approved school” or who is in good faith “a full-time student in a college.”
In Re the Marriage of Mayfield, 477 N.W.2d 859 (Iowa Ct. App. 1991).
“The court provided for automatic extensions of child support under Iowa Code section 598.1(2) in the event either child attends college and otherwise remains eligible for support.”
— Iowa Code § 598.1(3) — 29 cases
In Re the Marriage of Hansen, 733 N.W.2d 683 (Iowa 2007).
“” Iowa Code § 598.1 (3), (5) (2005). When joint legal custody is awarded, “neither parent has legal custodial rights superior to those of the other parent.”
In Re Marriage of Hynick, 727 N.W.2d 575 (Iowa 2007).
“” Iowa Code § 598.1 (3), (5). When parties are awarded “joint legal custody,” “both parents have legal custodial rights and responsibilities toward the child” and “neither parent has legal custodial rights superior to those of the other parent.”
— Iowa Code § 598.1(4) — 31 cases
In Re the Marriage of Hansen, 733 N.W.2d 683 (Iowa 2007).
“” Iowa Code § 598.1 (3), (5) (2005). When joint legal custody is awarded, “neither parent has legal custodial rights superior to those of the other parent.”
In Re Marriage of Hynick, 727 N.W.2d 575 (Iowa 2007).
“” Iowa Code § 598.1 (3), (5). When parties are awarded “joint legal custody,” “both parents have legal custodial rights and responsibilities toward the child” and “neither parent has legal custodial rights superior to those of the other parent.”
— Iowa Code § 598.1(5) — 7 cases
— Iowa Code § 598.1(6) — 14 cases
In Re the Marriage of Pals, 714 N.W.2d 644 (Iowa 2006).
“tained a separate provision that provided: In the event that the first child of the parties shall continue with any post-secondary education, the required level of support shall continue at the rate of $679 per month until such time as the first child of the parties either…”
In Re the Marriage of Witten, 672 N.W.2d 768 (Iowa 2003).
“” Iowa Code § 598.1 (6) (emphasis added). Whether frozen embryos fall within this definition is an issue of first impression for this court.”
— Iowa Code § 598.1(7) — 22 cases
In Re the Marriage of Hansen, 733 N.W.2d 683 (Iowa 2007).
“” Iowa Code § 598.1 (3), (5) (2005). When joint legal custody is awarded, “neither parent has legal custodial rights superior to those of the other parent.”
In Re Marriage of Hynick, 727 N.W.2d 575 (Iowa 2007).
“” Iowa Code § 598.1 (3), (5). When parties are awarded “joint legal custody,” “both parents have legal custodial rights and responsibilities toward the child” and “neither parent has legal custodial rights superior to those of the other parent.”
In Re Marriage of Fennelly & Breckenfelder, 737 N.W.2d 97 (Iowa 2007).
“” Iowa Code § 598.1 (5) (2005). Physical care, on the other hand, is “the right and responsibility to maintain a home for the minor child and provide for the routine care of the child.”
— Iowa Code § 598.1(8) — 6 cases
— Iowa Code § 598.1(9) — 14 cases
In Re the Marriage of Pals, 714 N.W.2d 644 (Iowa 2006).
“tained a separate provision that provided: In the event that the first child of the parties shall continue with any post-secondary education, the required level of support shall continue at the rate of $679 per month until such time as the first child of the parties either…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.