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Johnson v. Louis11/14/2002
t orders for both legitimate and illegitimate children. Its provisions in 1994, when the most recent attempt at modification was made, authorized support orders for any child "actually or apparently under eighteen years of age." Iowa Code § 252A.2(3) (1993). Chapter 252A does not discriminate against illegitimate children.
We also conclude that there is no invidious discrimination between the rights of children whose parents dissolve their marriages under chapter 598 and those for whom support is determined under chapter 252A. Chapter 252A, at all times relevant to this dispute, has been a body of uniform legislation. See Iowa Code § 252A.1 (1993). As such it was a rational decision for the legislature to adopt the provisions of the uniform law as framed by its drafters, rather than substituting a local variation.
For purposes of an equal protection analysis, Jared's lack of entitlement to a post-secondary educational subsidy is not only similar to the situation of other child-support obligees whose rights are established pursuant to chapter 252A, it is also similar to the situation of children whose parents continue to be married to each other. The class of children who do enjoy the right to seek a post-secondary educational subsidy, i.e., children whose parents are or have been divorced, present a situation dissimilar to the classes of children who do not enjoy such an entitlement. As we recognized in In re Marriage of Vrban, 293 N.W.2d 198, 202 (Iowa 1980), the benefited class of children have had the attributes of a traditional parental relationship taken from them by court decree. The educational benefit is a quid pro quo for the loss of stability resulting from that event. Jared's situation is dissimilar because he has never enjoyed a traditional family relationship involving Michael. We find the classifications that the legislature has made are not constitutionally infirm.
We have considered all issues presented and conclude that the decision of the court of appeals should be vacated. The judgment of the district court is affirmed.
DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT AFFIRMED.
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