Does Illinois Child Support Include Child’s College Expenses?

In Illinois, child support can include contributions to a child’s college expenses under Section 513 of the Illinois Marriage and Dissolution of Marriage Act. Since January 1, 2016, Section 513 requires parents to help cover these costs. The law specifies who contributes (mother, father, and/or child), the amount each contributes, and the duration of the obligation. This obligation ends at age 23 unless there is good cause to extend it, with a maximum extension until age 25.

Contribution to Child’s College Expenses

Contribution to college expenses differs from child support in that it isn’t determined by guidelines or a formula. Instead, the court considers the current and future financial resources of both parents to decide how much, if anything, each should contribute. A court will not order a parent to contribute to college costs if it finds they cannot afford it. In assessing financial resources, the court examines more than just income; it considers all financial circumstances, including assets of a second spouse and expenses of a second family if a parent has remarried. This approach contrasts with child support, where the parents’ income is a key factor.

Are Divorced Parents Required to Pay For College and Related Expenses in Illinois?

The type of Post-High School Education Covered

As of 2016, post-high school education covers:

• college,
• vocational school,
• professional training, and
• trade schools.

As long as the education is going to further the child’s ability to become self-sufficient and productive members of society, it may very well qualify.

Types of College Education Expenses Covered

The 2016 amendment to the law includes payments for up to five college applications, two standardized entrance exams, and a standardized college entrance exam preparation course, which were not covered before 2016. The other college expenses included under the law are tuition, fees, housing, meal plans, books, supplies medical expenses including insurance, and reasonable living expenses. If the child is going to be living at home with one or both of the parents while going to college, the court will look at the child’s living expenses such as food, utilities, and transportation, and determine what portion of those expenses each parent will pay.

Conflicts Over Child’s Selected College

Litigation often arises over which college a child should attend, typically focusing on the cost differences between options like a local community college, a four-year university, or an in-state versus out-of-state school. These disputes usually stem from the financial implications of each option and the differing views, values, and college affiliations of each parent.

However, in our experience, the financial aspect of a child’s college education is the primary issue brought before the court. The 2016 amendment to the college expense law aimed to reduce these conflicts by capping college costs at the level of the University of Illinois. Courts use the costs of tuition, fees, housing, and meal plans at the University of Illinois as the maximum amount each parent may have to contribute. Additionally, the court can direct payments to the child, the other parent, or directly to the college.

Child’s Obligations Under the College Expense Law

The child also has requirements under Section 513. The child will have to sign all paperwork to allow a parent, ordered to contribute to college costs, and access to their transcripts, records, and grade reports. This requirement is also new in 2016 and makes sense as before 2016 a parent could be ordered to contribute but had no access if their child did not consent. This allows a parent to monitor the grades and schedules of their child and make sure they are maintaining at least a “C” grade point average. If you are paying for college, you are going to want to know that your child is attending classes and making progress toward a degree.

Impact of a 529 Saving Plan on Child’s College Expenses

The law always considers any 529 savings plan when determining the amount the parents and child must contribute. It’s important to understand that, regardless of who funded or provided the 529 plan, the account is considered a resource of the child, not of either parent. This law does not give the child a free ride, many court decisions have required the child to apply for financial aid and often be responsible for a small portion of the costs.

Child Cannot Sue a Parent for Contribution to College Expenses

The 2016 amendments to the law removed a child’s ability to sue their parents for college expenses. Previously, children of divorced parents could take such legal action. But the amendment now states: “The child is not a third-party beneficiary to the settlement agreement or judgment between the parties after trial and is not entitled to file a petition for contribution.” However, if a parent who could have filed a petition for contribution on behalf of their child has passed away or is legally disabled, the child may then have the right to file a petition for contribution.

Explore Common College Cost FAQs for Illinois Parents

Seek Legal Advice Before Your Child Plans to Attend College

You may have questions about the impact of Illinois’ contribution to college expenses law and how it pertains to your child. Review your Marital Settlement Agreement and file a petition for college contribution before your child starts college, as you may only secure contributions for expenses from the filing date onward.

Anderson Boback & Marshall are dedicated to helping you make the best decisions by explaining all your options and taking the necessary action to protect you and your child’s interests. Contact us today for a confidential consultation to learn more about Illinois’ college expenses law and payment of your child’s college expenses.