If you are divorced or going through a divorce in Illinois, you might be surprised to discover that the law can compel both parents to fund their child’s college education. This strikes many as strange because there is no legal mechanism for a married parent to force their spouse to pay for college expenses, but that is what the Illinois Marriage and Dissolution of Marriage Act states.
Learn more about this critical divorce topic below, and contact our divorce lawyer in Chicago Michael C. Craven today for legal assistance.
What Are Educational Expenses?
Because both spouses may have to pay for their child’s college education after divorce, it is essential to understand which educational expenses are covered by the law. Illinois law defines educational expenses to include housing, food, books, tuition and fees, supplies, health insurance, and medical costs, while the child is in college, which must be covered by both parents after divorce.
You and your ex-spouse also may have to cover expenses for vocational school, trade school, and other types of career training. The laws in Illinois also require parents to pay for five college applications, two college entrance examinations, and one college entrance exam prep class.
How Long Must You Pay For Education Expenses?
The laws of Illinois state that each spouse’s responsibility to pay college expenses only last through the child getting their bachelor’s degree. The court can set rules on each party’s required financial support including terminating the educational support if the child is not a full-time student or is receiving bad grades. You and the other parent’s responsibility to pay for college ends when they receive a bachelor’s degree, when the child turns 23, or they marry.
How Much Can Each Spouse Be Required To Pay?
The judge will review the financial matters for each parent to decide who will contribute how much for college education expenses. The judge may also mandate that the child provide money for their education.
College tuition differs for different schools, so the law says that each parent cannot be required to pay more than college expenses at the University of Illinois at Champaign-Urbana each year. So, if the child wants to attend a pricier school and you and the other spouse do not want to pay more, they will need college loans or work to cover the extra expenses.
The Judge Will Review These Factors To Decide How Much Each Parent Must Pay For College Costs:
- Each person’s present and future financial abilities.
- The standard of living your child would have had if there had not been a divorce.
- The financial resources of your child.
- How the child performs academically.
The law states that each parent’s payment for the child’s education may be made directly to the school or child, but other financial arrangements can be needed. The law also lets you set up a trust or bank account to remove funds to cover college costs.
Frequently Asked Questions About Parental Responsibility for College Expenses After Illinois Divorce
When a divorce involves children, one of the most common concerns for parents is whether either party is responsible for paying college expenses. Unlike many states, Illinois law gives courts the authority to allocate responsibility for post-secondary education costs, but these obligations aren’t automatic and depend on specific circumstances. The following answers address the questions most often asked by parents navigating this area of family law in Illinois.
What does Illinois law say about paying for college after divorce?
Under Section 513 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/513), a court has the authority to order one or both parents to contribute to a child’s post-secondary education expenses. These expenses can include tuition, fees, housing, books, supplies, and even medical insurance. However, this responsibility is not automatically part of child support; parents or a judge must address it specifically either during the divorce or in a later petition.
Does child support automatically include college expenses?
No. Standard child support typically ends when a child turns 18 or graduates from high school, whichever is later. College expenses are treated separately under non-minor support laws. A parent must ask the court to include post-secondary educational costs or negotiate them in a settlement. If the divorce decree is silent on college costs, a party may petition the court later.
What types of college expenses can be ordered?
Illinois courts can consider a range of “educational expenses,” not just tuition and fees. These may include room and board, books, necessary supplies, healthcare insurance, transportation, and reasonable living expenses during the academic year or breaks. Additionally, courts can order payment of pre-college costs such as application fees, entrance exams, and exam prep courses.
How do courts decide who pays and how much?
Unlike regular child support, there is no rigid formula for dividing college expenses in Illinois. Judges use their discretion based on several key factors including:
- Each parent’s financial resources and ability to contribute
- The child’s financial resources, including scholarships or savings
- The standard of living the child would have enjoyed if the parents had not divorced
- The child’s academic performance and potential success in college
A judge may order one parent to pay more than the other, or even allow the child to share in costs, particularly if they have financial resources like savings or scholarships.
How long can a court require parents to pay college expenses?
Illinois law generally allows obligations for post-secondary support until a child reaches 23 years old, but this can be extended to 25 years old if there is good cause, such as delayed enrollment due to military service or medical issues. Payment obligations also typically end once the child earns a bachelor’s degree or fails to maintain satisfactory academic progress (often a minimum “C” average).
Can parents agree on these costs outside of court?
Yes. Parents are free to negotiate college expense contributions as part of their divorce settlement. A detailed agreement specifying each parent’s responsibilities, types of expenses covered, payment schedules, and academic requirements can prevent disputes later and is enforceable when included in the divorce decree.
What if one parent refuses to pay an agreed college share?
If the obligation to pay college expenses is part of the divorce decree or a court order, and a parent fails to comply, the other parent may file a motion to enforce the order. Courts have tools such as contempt proceedings or wage garnishment to enforce compliance.
Speak To Our Divorce Lawyer In Chicago Today
If college expenses are a concern in your Illinois divorce, planning early — ideally during settlement negotiations — is crucial. Clear agreements and legal guidance can help both parents understand their rights and avoid costly disputes later. If you are going through divorce in Illinois, you need an experienced divorce lawyer standing up for you. Contact Michael C. Craven at 312-621-5234 to help solve issues related to paying for your child’s college education and other divorce-related matters, including child custody.
