Divorce doesn’t end financial obligations to your children. In Illinois, parents might be responsible for college expenses even after their child turns 18. This surprises many people who assume child support stops at high school graduation.
Illinois Law On College Expenses
Illinois is one of the few states that allows courts to require parents to contribute to their child’s college education. Under 750 ILCS 5/513, judges can order non-minor support for educational expenses. This means you could be paying tuition, room and board, books, and other college costs well into your child’s twenties. The law doesn’t automatically require every divorced parent to pay for college. Courts look at multiple factors before making this determination. If you’re going through a divorce or modifying an existing agreement, understanding these factors matters.
What Courts Consider
When deciding whether to order college expense contributions, Illinois courts evaluate several elements:
- The financial resources of both parents
- The child’s academic performance and commitment to education
- The standard of living the child would have experienced if the marriage hadn’t ended
- The child’s financial resources, including scholarships or savings
- The parents’ educational background
A Kenilworth family lawyer can help you understand how these factors apply to your specific situation.
How Much Can Courts Order
There’s a cap on what courts can require. Parents cannot be ordered to pay more than the cost of attending the University of Illinois at Urbana-Champaign for an in-state student. This includes tuition and fees but can also cover room, board, and books. The percentage split between parents varies. Courts don’t automatically split costs 50/50. Your income, assets, and other financial obligations all play a role in determining your share.
When Support Begins And Ends
College expense obligations typically start when your child enrolls in college. However, some parents negotiate these terms during their divorce settlement, even if their children are still young. Support usually ends when the child turns 23, completes four years of undergraduate education, or graduates with a bachelor’s degree, whichever comes first. If your child takes a break from school or doesn’t maintain reasonable academic progress, support might be modified or terminated.
Protecting Your Interests
You’re not powerless in these situations. Parents can negotiate college expense provisions during divorce proceedings. Some agreements include specific terms about:
- Which schools qualify for support
- Minimum GPA requirements
- Whether support covers graduate school
- How unexpected costs are handled
- What happens if the child receives scholarships
Working with Merel Family Law during your divorce allows you to address college expenses proactively rather than fighting about them years later.
What If Circumstances Change
Life changes. A parent might lose their job, become disabled, or face other financial hardships. Illinois law allows for modification of college expense orders when there’s a substantial change in circumstances. Similarly, if your child receives a full scholarship or decides not to attend college, you can petition the court to modify or terminate the obligation.
Planning Ahead
If you’re divorcing and your children are young, don’t ignore college expense provisions. What seems far away now will arrive quickly. A Kenilworth family lawyer can help you craft an agreement that’s fair and realistic based on your financial situation. For parents already divorced, review your settlement agreement. Some older agreements don’t address college expenses at all. If that’s your situation, either parent can petition the court for a determination on college support.
Moving Forward
College expense obligations in Illinois require careful planning and clear documentation. Whether you’re negotiating a divorce settlement or dealing with a child approaching college age, understanding your rights and responsibilities helps you make informed decisions. Family law attorneys can review your circumstances, explain your options, and help you reach an agreement that works for your family’s future.
