Court-Ordered College Expenses for Divorced Parents in Illinois
When parents divorce, that does not stop their responsibilities toward their children from continuing long after the kids graduate high school. One of the most common and confusing issues is how to handle child support and, later, the cost of college.
Many parents are surprised to learn that Illinois law allows courts to require one or both parents to help pay for their child’s higher education costs. Understanding how these laws work can help you prepare for what lies ahead. Our experienced DuPage County, IL divorce attorneys are here to help.
How Does Illinois Law Handle College Expenses After Divorce?
Under Section 513 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/513), a court may order either or both parents to pay for a child’s educational costs. This includes college, but it could also be vocational school or professional training. Courts can require parents to pay for tuition, housing, books, and other fees.
A parent is not automatically required to pay for this. But courts commonly order parents to pay in cases where the child wants to get an education and the parents have the financial ability to help. Judges will want to see that the expenses are reasonable and consistent with the family’s financial ability to pay. In other words, if a parent truly cannot afford to pay for a child’s education, a judge will not order them to.
What Expenses Can Be Included in College Child Support in Illinois?
College expenses in Illinois are not technically considered child support, but they are often referred to as such. The court’s order can include a wide range of educational costs. These may cover:
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Tuition and fees (which are limited to what an Illinois resident would pay at the University of Illinois at Urbana–Champaign, unless the parents agree otherwise)
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Room and board, whether on-campus or off-campus
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Medical expenses and insurance while the student is enrolled
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Books, supplies, and registration costs
The law gives judges flexibility to adapt the order to the family’s situation. For example, if one parent’s income has dropped since the divorce, the court might assign a smaller share of the expenses to that parent. Likewise, if the student has savings, scholarships, or works part-time, those contributions can reduce what each parent is required to pay.
The court will also limit parental payments if the child does not keep up a certain grade point average or fails to stay enrolled full-time. The goal is to balance fairness and responsibility while ensuring that the student has a reasonable opportunity to pursue higher education.
Can Divorced Parents Reach Their Own Agreement About Paying for College?
In many cases, parents reach an agreement through negotiation or mediation rather than litigation. An attorney can help draft a written agreement about how college costs will be divided, how payments will be made, and whether limits apply to certain expenses. Courts usually approve agreements that are fair and in the child’s best interests.
If parents cannot agree, the judge will make the final decision based on the law and the evidence.
Call a DuPage County, IL Child Support Lawyer Today
If you are getting divorced and have questions about paying for your child’s college education, call us. Our Naperville, IL divorce attorneys can help you understand your options. Call Mevorah & Giglio Law Offices at 630-932-9100 to schedule a free consultation.
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