When parents go through a divorce in Illinois, one of the most common long-term concerns is how their child’s college expenses will be handled. Many parents assume that once a child turns 18, financial obligations end. That assumption is often incorrect under Illinois law. Courts in Illinois have the authority to require one or both parents to contribute to a child’s college education even after the child becomes an adult.
These issues frequently arise during divorce proceedings or years later when a child is preparing for higher education. We regularly help parents understand how the law applies, what courts look at, and how to protect their financial interests while supporting their child’s future.
Illinois law directly addresses college expenses in divorce and parentage cases under the Illinois Marriage and Dissolution of Marriage Act. The primary statute governing this issue is 750 ILCS 5/513. This section allows courts to allocate educational expenses for a child who is not yet 23 years old, and in some cases, up to age 25 if good cause is shown.
Under 750 ILCS 5/513(a), the court may award sums of money out of the property and income of either or both parents for the educational expenses of a child. These expenses are not limited to tuition. The statute specifically allows the court to include.
This law creates a significant distinction between Illinois and many other states. In Illinois, a parent’s financial responsibility can extend well beyond the age of majority when it comes to education.
While parenting time is governed by 750 ILCS 5/602.7 and the allocation of parental responsibilities by 750 ILCS 5/602.5, these statutes do not directly determine who pays for college. However, they still play a role in how courts evaluate fairness and parental involvement.
Courts consider each parent’s history of involvement in the child’s upbringing. A parent who has been actively involved in decision-making and financial support may be viewed differently from one who has not. Although parenting time itself does not dictate financial obligations for college, it provides context for how responsibilities have been shared.
We often see disputes where one parent has had limited involvement but is later asked to contribute significantly to college expenses. In those cases, courts may weigh prior conduct when determining what is appropriate.
Illinois courts do not automatically split college costs equally. Instead, they evaluate several statutory factors outlined in 750 ILCS 5/513(j). These factors are critical in determining how expenses are allocated.
The financial resources of both parents are a primary consideration. Courts review income, assets, debts, and overall financial capacity. The child’s financial resources are also relevant, including savings, scholarships, and income from part-time work.
Another key factor is the standard of living the child would have enjoyed if the marriage had not ended. Courts aim to maintain consistency where possible, though this is balanced against each parent’s current financial reality.
The child’s academic performance is also considered. Courts expect the child to demonstrate commitment to education. This often includes maintaining a minimum grade point average.
The type of school and associated costs matter as well. Courts frequently cap contributions based on the cost of attending a public university in Illinois, such as the University of Illinois at Urbana-Champaign, unless there is a strong justification for higher expenses.
Illinois law places reasonable limits on college expense obligations. Under 750 ILCS 5/513(b), courts may set conditions such as requiring the child to maintain a certain GPA and remain enrolled as a full-time student.
There are also caps on expenses. Courts often limit contributions to costs associated with in-state public institutions unless both parents agree otherwise or there are unique circumstances.
Additionally, payments are usually made directly to the educational institution rather than to the child. This ensures funds are used for their intended purpose.
Another important limitation is transparency. The child is typically required to provide both parents with academic records, including grades and enrollment status. Failure to comply can result in suspension or termination of support.
Disputes over college costs are common, especially when parents have different financial situations or expectations. In many cases, one parent may believe the other is not contributing fairly, or disagreements may arise over school choice.
When parents cannot reach an agreement, the court steps in to make a determination based on statutory guidelines. We often advise clients to address college expenses proactively in their marital settlement agreements. Doing so can reduce uncertainty and avoid future litigation.
If no prior agreement exists, a petition for contribution to educational expenses can be filed. The court will then evaluate the case using the factors outlined in 750 ILCS 5/513.
College expense orders are not necessarily permanent. Under Illinois law, these orders can be modified if there is a substantial change in circumstances. For example, if a parent loses a job or experiences a significant income reduction, the court may adjust the obligation.
Enforcement is another important issue. If a parent fails to comply with a court order to pay college expenses, enforcement actions may include contempt proceedings, wage garnishment, or other legal remedies.
We frequently assist clients with both modifying and enforcing these orders. Acting quickly is important to protect your financial position and ensure compliance with court directives.
College expense issues can become complex, especially when financial circumstances, parenting history, and the child’s educational plans all intersect. These cases require careful analysis of statutory factors and a clear presentation of financial information.
We work closely with our clients to build strong arguments, whether they are seeking contribution, contesting an unfair request, or enforcing an existing order. Our goal is to achieve a balanced outcome that reflects both the child’s needs and the parent’s financial reality.
Illinois law does not automatically require parents to pay for college, but it gives courts the authority to order contributions under 750 ILCS 5/513. This means a parent can be required to pay if the court determines it is appropriate based on financial resources and other statutory factors.
A parent cannot simply refuse to pay if there is a court order in place. However, the choice of school is a factor courts consider when determining reasonable expenses. If the cost is significantly higher than that of a comparable in-state public university, the court may limit the obligation.
Courts often require the child to maintain a minimum GPA. If the child fails to meet academic expectations, a parent can request modification or termination of the obligation. Academic performance is an ongoing condition of support.
Generally, step-parents are not obligated to pay for a child’s college expenses. The obligation typically applies only to biological or adoptive parents under Illinois law.
Yes, and it is often beneficial to include detailed provisions about college expenses in a marital settlement agreement. This can outline each parent’s responsibilities, set limits, and reduce the likelihood of future disputes.
Courts often cap contributions based on the cost of attending an in-state public university. This serves as a benchmark for reasonableness, though exceptions can apply depending on the circumstances.
Yes, a parent can file a petition for contribution to college expenses even after the divorce is finalized. This is common when the issue was not addressed earlier.
If a parent experiences financial hardship, they can request a modification of the order. Courts will review updated financial information and may adjust the obligation accordingly.
College expense disputes can create significant financial pressure and conflict between parents. Whether you are planning ahead during a divorce or dealing with a dispute years later, it is important to understand your rights and obligations under Illinois law.
At Keller Legal Services, we represent parents in Naperville and throughout Chicago, Illinois, in matters involving parenting time, custody, and college expenses. Contact our Naperville divorce lawyers at Keller Legal Services by calling 630-505-1515 to receive an initial consultation. We are prepared to help you pursue a fair outcome and protect your financial future.
