When parents split up or divorce, child support orders are certain, however, many questions may remain regarding the financial contributions to college expenses. Below we discuss the most frequently asked questions we hear from parents about contributing to college expenses.
Table of Contents
- Is Payment of College Expenses Part of a Child Support Order?
- What Are College Expenses Under Illinois Law?
- Does the College Expenses Provision Apply to Parents That Were Never Married?
- What it Means if College Expenses Are Reserved in the Dissolution
- Support Orders and Seeking Contribution to College Expenses
Is Payment of College Expenses Part of a Child Support Order?
If you are party to a child support order, you may be wondering if there is any provision for college expenses once your child reaches the age of 18 or graduates from high school. The answer is not clear-cut for all individuals and may depend upon various factors.
Typically, child support in Illinois stops when your child turns 18 years of age, or upon graduation from high school, whichever comes later. Support will end altogether at age 19 even if the child is still in high school.
Once child support ends, start your case for college expense contributions immediately. Don’t procrastinate—it’s challenging, if not impossible, to secure retroactive contributions from the other parent if they aren’t already established.
If your high school graduate plans to attend college, address the support order for college expenses while filling out college applications.
What Are College Expenses Under Illinois Law?
In Illinois, Section 513 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) allows a parent to petition the noncustodial parent for contributions to their non-minor child’s college education expenses. College expenses include tuition, room and board, fees, books, and even travel to and from college. Child support can be continued under the “college expenses” law, which applies to children over 18.
If your divorce decree doesn’t clearly establish support for college expenses, you can petition the court for an order covering future expenses. However, the court won’t order payment for past expenses, so it’s crucial to file your case without delay.
Learn more about how Illinois child support covers college expenses in our article.
Does the College Expenses Provision Apply to Parents That Were Never Married?
If you were never married and don’t have a divorce decree, you might wonder if the other parent will be required to pay college expenses for your non-minor child. Child support for unmarried parents is outlined in Section 801 of the Illinois Parentage Act, which does not specifically address college expenses. However, the Illinois Appellate Court in Rawles v. Hartman ruled that what applies to children of divorced parents should also apply to children of unmarried parents.
The court has broad discretion when interpreting the two acts together to determine child support, including college education expenses. When two acts are read together and one omits provisions that the other includes, the court will apply the omitted provision under the act without it. It’s consistent for the court to apply Section 513 of the Dissolution Act to cover education expenses for non-minor children, ensuring equal treatment for all children in support matters. The court cannot discriminate against children born out of wedlock, as denying them such a fundamental right would be unjust and illogical.
If your child is preparing for college and the child support order under The Parentage Act doesn’t include college expenses, you should immediately work with an experienced family law attorney to file a petition. While retroactive support isn’t available, the court may require the other parent to contribute to future college expenses.
What it Means if College Expenses Are Reserved in the Dissolution
If your Illinois divorce notes college expenses as reserved, the issue was not decided at the time of the Dissolution of Marriage. In such cases, it’s crucial to file a petition with the court immediately, as awards for college expenses will not be retroactive.
On the other hand, if your Dissolution of Marriage Judgment does not mention any reservation for college expenses, the court still has the authority to enforce contributions from each party.
Support Orders and Seeking Contribution to College Expenses
If you are seeking contributions from the other parent for your child’s college expenses, it is important to be aware of the recent DuPage County case Yakich v. Auld. In that case, the judge held that requiring divorced or never-married parents to contribute to a child’s college expenses was unconstitutional. Yakich v. Auld is now on direct appeal with the Illinois Supreme Court which may result in significant changes to orders to pay a child’s college expenses.
Changes occur in family law all of the time so it is imperative to work with an experienced attorney who knows and understands the law. Anderson Boback & Marshall help you to evaluate all areas of your child support order, whether through the Illinois Marriage and Dissolution of Marriage Act or the Parentage Act, and advocate for you and your children. We help parents understand their rights and obligations and help to provide fair and equal treatment to all children party to a support order.
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 your rights under the Illinois college expense law.
