How Do Divorced Parents Split College Tuition Obligations in Illinois?
Child Support , Divorce
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.
Do Divorced Parents Have to Pay for College?
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.
What Educational Expenses Must be Covered?
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.
How Does the Court Determine Each Parent’s Contribution?
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.
What if the Child Wants to Go Out of State?
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.
Limits to the Mandate to Pay for College
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.
Plan Ahead with a Family Law Attorney
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.