For parents going through a divorce, financial responsibilities do not necessarily end when a child graduates from high school or turns 18. College tuition, housing, textbooks, transportation, and other educational expenses can create substantial financial obligations for families. When parents are divorced or separated, disagreements may arise over who should contribute to these costs and how much each parent should be expected to pay.
Illinois has specific statutory provisions addressing educational expenses for children who have reached adulthood. Section 513 of the Illinois Marriage and Dissolution of Marriage Act allows courts to allocate certain educational expenses between parents under appropriate circumstances. Understanding these provisions can help parents throughout Illinois plan for college costs and address potential disagreements before they become additional litigation.
Can an Illinois Court Require Divorced Parents to Pay for College?
Under Illinois law, a court may order either or both parents to contribute toward qualifying educational expenses for a child. This authority can extend beyond the child’s eighteenth birthday and may apply to college, vocational training, professional education, or other qualifying postsecondary programs. However, the law does not automatically require every divorced parent to pay an equal share of every educational expense.
The court considers the circumstances of the family when determining whether an award is appropriate and how the financial responsibility should be allocated. Relevant considerations include the financial resources of both parents, the child’s financial resources, and the child’s academic performance. The court may also consider the standard of living the child would have enjoyed if the marriage had not been dissolved.
For additional background about financial obligations following divorce, see our article on Child Support Guidelines.
What College Expenses Can Be Included?
Illinois law identifies several categories of educational expenses that may be addressed through a court order. These expenses extend beyond tuition and can include housing, books, medical expenses, and certain reasonable living costs. However, statutory limitations may apply, and parents should not assume that every expense associated with attending college will automatically be allocated between them.
Potential expenses include:
- College tuition and mandatory fees
- On-campus or qualifying off-campus housing
- Standard meal plans
- Books and necessary educational supplies
- Medical and dental expenses
- Health insurance
- Reasonable living expenses
- Certain transportation expenses
- Qualifying college application and entrance examination costs
Section 513 generally limits tuition and fees to the amount charged to an in-state student at the University of Illinois Urbana-Champaign for the same academic year, unless good cause is shown. Housing expenses are generally subject to a comparable statutory limitation based on a double-occupancy residence hall room with a standard meal plan at that university, again subject to the statutory good-cause provision.
Parents may agree to different arrangements, including contributions toward a private university or an out-of-state institution. Carefully addressing these issues in a written agreement can help reduce uncertainty when a child begins applying to colleges.
Does Each Parent Have to Pay Half?
An Illinois court is not necessarily required to divide college expenses equally between divorced parents. Section 513 allows the court to consider each parent’s financial resources, the child’s resources, and other relevant circumstances when determining an appropriate contribution. One parent may therefore be ordered to pay a larger portion of qualifying expenses if the financial circumstances support that arrangement.
The child’s financial resources may also be relevant, including available scholarships, grants, educational savings, and other funding sources. Parents should consider how these resources will be applied before determining their respective financial responsibilities. A clearly drafted agreement can establish how expenses will be calculated, when payments must be made, and whether payments will go directly to the educational institution.
What Happens If the Child Chooses an Expensive Private College?
Disagreements can arise when a child wants to attend a private university or an out-of-state institution with costs substantially exceeding those of an Illinois public university. One parent may support the decision while the other believes a less expensive educational option would be more appropriate. These disagreements can become particularly difficult when college applications and financial aid deadlines are approaching.
Illinois law generally establishes statutory limits for tuition, fees, and housing expenses unless good cause is shown. Parents can also negotiate an agreement addressing a particular institution or establishing a different financial arrangement. Addressing college expectations before a child selects a school may help prevent disputes concerning affordability and responsibility for additional expenses.
What Role Does FAFSA Play?
Financial aid can significantly affect the amount that parents and students ultimately need to contribute toward college expenses. Under Section 513, a court may require both parents and the child to complete the Free Application for Federal Student Aid (FAFSA) and other financial aid forms. The court may also require the parties to submit these forms before the applicable deadlines.
This provision recognizes that educational funding may depend on information supplied by multiple individuals. Delays in completing required forms can complicate the financial aid process and potentially affect available assistance. Parents should review their obligations carefully and avoid assuming that disagreements over college contributions eliminate the need to cooperate with applicable court orders.
Can College Support End Before Graduation?
A parent’s obligation to contribute toward educational expenses does not necessarily continue indefinitely. Illinois law establishes several circumstances that may terminate the court’s authority to require contributions, including the child receiving a bachelor’s degree, marrying, or reaching the applicable statutory age limit. Failure to maintain a cumulative C grade point average may also affect the obligation, subject to exceptions involving illness or other good cause.
Generally, expenses subject to a Section 513 petition must be incurred no later than the child’s twenty-third birthday unless good cause supports an extension, which cannot extend beyond the twenty-fifth birthday. Existing agreements and orders should be reviewed carefully because their particular language may affect the parties’ responsibilities. Parents should also understand that the statutory rules concerning educational expenses are distinct from ordinary child support provisions.
Can Parents Modify an Existing College Expense Order?
Financial circumstances may change substantially between the time parents divorce and the time their child enters college. A parent may lose employment, experience a significant income change, retire, or develop other financial obligations that affect the ability to contribute. When circumstances change, the parties may need to determine whether modification of an existing educational expense order is appropriate under Illinois law.
Parents should not simply disregard an existing order because they believe the original arrangement has become unreasonable. Instead, they should review the applicable legal requirements and determine whether additional court proceedings are necessary. Our related article on What Is Considered a Substantial Change in Circumstances for Modification? discusses modification issues that can arise after divorce.
Planning for College Expenses During an Illinois Divorce
College expenses can represent a significant financial commitment, particularly when parents have multiple children or anticipate substantial tuition and housing costs. Addressing these issues during divorce negotiations may help establish expectations concerning college selection, financial aid, parental contributions, and the child’s responsibilities. Even when college is several years away, thoughtful planning can reduce uncertainty as educational decisions approach.
Stange Law Firm, PC handles domestic relations matters, including divorce, child support, and proceedings involving educational expense obligations. Understanding Section 513 can help parents throughout Illinois make informed decisions concerning their children’s educational futures.
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