Who Pays For College? Breaking Down Section 513 In Illinois And Child Support In Michigan
Your child is a junior in high school. The college brochures are piling up on the kitchen counter, and so is the anxiety.
Child support is scheduled to end at 18, but the first tuition bill is coming right after. In a two-household family, who is supposed to pay for this?
It’s one of the most common questions we get, and the answer is a perfect example of why family law is so complex: it is completely different depending on whether you live in Illinois or Michigan.
If your case is in one of these states, our Chicago, IL support modification lawyer is here to help you.
The Illinois Way: Meet Section 513
If you’re an Illinois parent, Section 513 is a part of the law you need to know by name.
In Illinois, a judge has the legal authority to order divorced or separated parents to contribute to their non-minor child’s college expenses. Child support doesn’t have to stop at 18. The court can create a new support order for college.
This isn’t a blank check. The law is very specific. Contributions can be ordered for:
- Tuition and fees, BUT capped at the cost of in-state tuition at the University of Illinois Urbana-Champaign.
- Housing, BUT capped at the cost of a standard double occupancy dorm at U of I.
- Books, medical insurance, and reasonable living expenses.
The court looks at several factors, including the financial resources of both parents, the resources of the child (like scholarships or a 529 plan), and the child’s academic performance. Oh, and the child has to maintain a “C” average for the support to continue. It’s an enforceable and powerful legal tool.
The Michigan Way: If It’s Not In The Contract, It’s Not Happening
Now let’s cross the lake (literally). If you’re a Michigan parent, the law is the complete opposite.
In Michigan, a judge’s authority to order child support ends when the child turns 18 (or graduates from high school, whichever comes later, but in no event beyond the child reaching 19.5 years old). A Michigan court cannot order a parent to pay for a dollar of college tuition.
So, how does anyone get help?
The only way to enforce a college contribution in Michigan is if you negotiate it into your Judgment of Divorce (your settlement agreement).
This makes the initial divorce negotiation one of the most critical moments in your child’s future. If you want to ensure your ex will help pay for college, you have to get it in writing from the very beginning. Your agreement needs to be incredibly detailed:
- Who pays what percentage?
- Is it capped at in-state tuition?
- What happens with scholarships?
- Does the child have to maintain a certain GPA?
If you don’t get it in the final signed contract, you cannot come back and ask for it later. It’s a one-shot deal.
Whether you’re in Illinois and need to file a fair 513 petition or in Michigan and need to build an ironclad college plan into your settlement, this isn’t something to figure out later. This is something you need to do now. Connect with Merel Family Law and let’s build your child’s future into your agreement today.
