Who Helps Children of Divorce with College Payments?

Managing college payments is challenging, even under ideal circumstances. For parents dealing with the difficulties of divorce, however, this process can become even more complex. Questions about legal obligations and payment responsibilities from child support arrangements add layers to an already complicated time.

So how are college payments handled in a divorce situation? The short answer: under Illinois law, divorced parents can be ordered to contribute to college expenses, but contributions are not automatic. They are determined on a case-by-case basis, with courts examining factors such as each parent’s financial resources, the child’s academic abilities, and more.

Illinois Law and College Expenses

According to Illinois law, specifically Section 513 of the Illinois Marriage and Dissolution of Marriage Act, courts can require one or both divorced parents to pay for their child’s post-secondary education. However, this contribution is not guaranteed. The court considers several important factors before making a decision.

Key aspects to note about payments:

• Payments are capped. Parents will not be required to pay more than the cost of in-state tuition and living expenses at the University of Illinois at Urbana-Champaign (UIUC).
• Expenses eligible for payment include tuition, room and board, books, medical expenses, and more.
• The court can also request both parents and the child to file for financial aid (e.g., the FAFSA).

Factors Considered by Illinois Courts

When determining whether parents must contribute to college-related expenses, Illinois courts review several factors. These include:

• Financial resources of each parent 

The court examines not just current earnings, but also assets, retirement savings, and a parent’s overall financial situation. 

• Standard of living 

The court evaluates the standard of living the child would have experienced had the parents remained together.

• The child’s finances 

Any contributions the child is able to make through scholarships, grants, or part-time work will affect the court’s decision.

• The child’s academic aptitude 

Judges assess whether the child demonstrates the motivation and qualifications necessary to succeed in college, with academic performance being a key indicator.

These comprehensive reviews ensure fairness and realistic outcomes for both the parents and the child.

Covered College Expenses

Illinois courts define specific expenses eligible for parental contribution. These include:

• Tuition and Fees 

Capped at the in-state rate for UIUC.

• Room and Board 

Expenses are compared to pricing for double-occupancy student housing and a standard meal plan at UIUC.

• Books and Other Supplies 

Necessary academic materials, such as textbooks.

• Medical and Dental Expenses 

Including health insurance.

• Reasonable Living Expenses 

For off-campus living or commuting students.

This approach ensures contributions remain reasonable while covering the majority of necessities for a successful college experience.

Conditions for Continued Support

Parental obligations to fund college expenses may terminate under specific conditions, such as:

• The child failing to maintain a C average GPA (without valid reasons like illness). 
• The child turning 23 years old.
• The child getting married or earning their degree.

These conditions encourage students to take academic and financial responsibilities seriously.

Seek Legal Assistance to Navigate College Payments Confidently

Understanding Illinois laws on college payments after a divorce is no simple task. The law is clear but nuanced, and situations vary significantly by family. To ensure you are fulfilling your obligations without undue burden, it is crucial to have personalized legal advice.

If you are wondering who to turn to for legal help, consider Sabuco Beck, P.C. With over 90 years of combined family law experience, our dedicated lawyers understand the complexities of financial obligations for divorced parents. We provide clear, compassionate guidance to protect both your rights and your children’s future.

Contact us today to schedule a consultation with a Joliet child custody lawyer. Our team is here to answer your questions and provide tailored recommendations for your situation.