Today I am excited to answer a question that I am asked a lot in my practice. As a father of two children who recently graduated college, I understand the importance of planning for college. It’s necessary for divorcing couples to know what the law expects of them when it comes to providing for higher education.
If you have any other questions you’d like me to address in a Q&A, feel free to submit them and I will do my best to answer in future blog posts. However, please remember that every case is different, and settlement terms must be dependent upon the facts and circumstances of each case.
QUESTION: I have young children, but I want to plan ahead for college. I’m afraid I won’t be able to pay. My husband says he will pay, but everyone warns me even the nicest guy could change his mind, especially if he remarries. What does the law say?
ANSWER: Many of my cases involve the topic of college costs. Illinois divorce law can require parents who are divorced to pay their children’s college or trade-school expenses. This is true even if your divorce decree is silent on the topic. Most divorce agreements do have specific provisions for handling college costs.
The Illinois law states that if you are divorced, one spouse can file a petition that will require the other spouse to take on part of the college expenses.
Parents are required to contribute to educational expenses that happen before the age of 23. If their child fails to maintain a “C” average then parents are no longer required to financially contribute to schooling.
Not all college expense discussions are contentious. When a couple gets divorced, they can come to an agreement on how much each parent is going to pay towards their kids’ college. If they can’t come to an agreement, then this is when a petition would be filed to go to court to decide who is responsible for what payments and how much.
Normally, when a petition is filed, the court will take into consideration each parent’s financial circumstances and annual income.
It’s worth noting that there are not laws that require married couples to pay for college.
Contact Me
If you have questions about how these laws affect you, call me right away. I have worked with many clients who are navigating the confusing world of paying for college. You deserve to fully understand your financial obligation.
Call (312) 621-5234 to schedule a consultation.
