State Ex Rel. Tack v. Sandholdt

DONIELSON, Chief Judge

(specially concurring).

I concur with the majority opinion. I write separately to express my belief the settlement from the personal injury accident should not be considered when determining Steven’s obligation to support Yvonne in college. Yvonne suffered terrible injuries when a van in which she was a passenger was struck by a train. Both the majority and dissent note the significant ongoing effects of her injuries and her probable future inability to obtain proper insurance coverage. The settlement was to make up for the substantial permanent loss Yvonne suffered as a result of the injuries she sustained in the accident. To use the settlement as a factor in determining how much her father should pay in child support could have the effect of denying Yvonne the benefit of the settlement. I recognize In re Marriage of Vrban requires us to determine whether a child is self sustaining as one of the factors to consider when setting the appropriate support level. I disagree, however, that the settlement in this situation should be considered in determining whether Yvonne is self sustaining. I look at this situation as “special circumstances” which take this settlement outside our consideration. The settlement was to replace what she lost and to provide for anticipated future medical and insurance needs — not to replace the support her father has a duty to provide. See Petition of Deierling, 421 N.W.2d 168, 171 (Iowa App.1988). The obligation “is to be apportioned according to the reasonable ability of each parent to contribute.” Id. Steven’s gross earnings in 1992 were $51,949. The court calculated his net monthly income at $2,188. He clearly has the ability to contribute substantially to Yvonne’s support during college without plundering her personal injury settlement proceeds.