If you are divorced or considering a divorce in Illinois, you must read this if you have children that are considering higher education. First, it should be said that we do not like this law because no one in Illinois can force a parent to pay for college if the parents are married. However, our personal views do not matter.
As the cost of college tuition continues to rise across the United States, many parents are left grappling with the financial burden of funding their children’s higher education. While parents of adult children are typically not legally obligated to pay for college, divorced parents in Illinois may find themselves subject to different rules.
In Illinois, divorced parents may indeed be legally required to contribute to their child’s college education expenses. Illinois law (750 ILCS 5/513) outlines the parameters for this obligation, which can extend beyond the age of majority.
Under Illinois law, divorced parents may be required to contribute to their child’s college education expenses, including tuition, fees, room, board, books, and other necessary supplies. This obligation typically extends until the child reaches the age of 23.
The required educational expenses begin with the child’s application process. The court might mandate both parents to cover costs for up to five college applications, two standardized college entrance exams, and one exam preparation course.
Upon acceptance, educational expenses may include, but are not limited to, tuition, fees, housing expenses (whether on or off-campus) and medical and dental expenses, unless there is a valid reason to exclude them. All post-secondary expenses should not go beyond the in-state student tuition and fees at the University of Illinois at Urbana Champaign. Additionally, room and board costs should not surpass the amount for a double-occupancy student room with a standard meal plan in a University of Illinois residence hall.
The court will consider the financial resources of both parents and the child when determining the appropriate amount of support. The court will consider factors such as the financial resources of each parent, the child’s financial resources, the standard of living the child would have enjoyed if the parents had remained married, and the child’s academic performance.
Some parents can reach a compromise on sharing college expenses outside of court, often with the assistance of their attorneys or a mediator. This does not always mean a 50/50 division. Agreeing to a simple 50/50 division of college tuition during divorce proceedings, especially when your children are quite young is not a good idea.. It’s hard to predict your financial circumstances ten or even fifteen years down the line.
If the child chooses to attend an out-of-state college, the court may still require both parents to contribute to the cost of attendance.
The court will limit your financial obligation to the expenses incurred for sending your child to an in-state university, covering tuition, fees, and room and board. While you and your ex-spouse have the option to contribute more, the court’s mandate extends only to this specified limit.
While Illinois law may require parents to contribute to their child’s college education expenses, there are limits to this mandate. The court will consider the financial resources of both parents and the child, as well as the child’s academic performance when determining the appropriate amount of support.
The financial responsibilities of divorced parents regarding college expenses cease if the child reaches 23 years of age, gets married, joins the military, earns a bachelor’s degree, or maintains less than a “C” average. Nonetheless, there might be circumstances warranting the extension of financial support beyond the student’s 23rd birthday, but only until the child’s 25th birthday.
Whether you’re planning on divorce or are already in the process, it’s better to start planning for your child’s college expenses sooner rather than later. According to 750 ILCS 5/513(k), the obligation to cover college expenses starts from the date the petition is submitted and cannot be applied retroactively.
If you’re facing questions or concerns about college tuition obligations as a divorced parent, please give us a call. At Reidy Law Office, we have the experience and expertise to guide you through the process and ensure that your rights are protected. Let us help you navigate this important aspect of your child’s future. Schedule a consultation with us today.
Contemplating divorce is a profound step that involves emotional, financial, and legal considerations. Our "Am I Ready for Divorce?" checklist is a sensitively designed tool that helps individuals thoughtfully assess their readiness for this life-altering decision. This resource aims to guide you through introspection and practical evaluation, ensuring that your decision to pursue a divorce is made with both clarity and foresight.
In any legal or financial undertaking, having a comprehensive and organized set of financial records is critical. Our "Financial Records Checklist" is crafted to give you the clarity and control needed to manage your finances effectively. Whether you're preparing for tax season, undergoing legal proceedings, or simply aiming to get your financial house in order, this checklist is an indispensable tool for ensuring nothing is overlooked.
Divorce not only signifies a major shift in the lives of the parents but also heralds a period of adjustment and emotional transition for the children involved. Our meticulously crafted checklist, "Do Your Kids Need Therapy After Divorce?" is a vital resource for parents concerned about the psychological welfare of their children during and after a divorce. This checklist serves as a compassionate guide for recognizing signs of distress and taking proactive steps to support your child's mental health.
Divorce can be a complex and emotionally taxing journey, but when both parties agree on the key terms, an uncontested divorce can offer a more amicable and efficient path forward. Our Uncontested Divorce Checklist is a comprehensive guide designed to provide individuals with a clear roadmap through the legal process when there are no children involved. This free resource ensures that you are well-prepared, informed, and ready to proceed with confidence.