Anderson & Boback Logo

What if a petition for college expenses is filed after a child graduated from college but while my divorce is pending?

Published
Categorized as Child Support

I think the main question here is whether or not the court has the authority to decide the issue because there has not been a settlement agreement binding the parties and there is no final determination of the issue between the parties. Also, as I have discussed in my previous blog postings, is it too late because the child has already graduated college?

In re Marriage of Chee, the first district Appellate Court determined that in fact the Court had the authority to decide the issue even though no final judgment for dissolution of marriage was entered.

In re Marriage of Chee, a petition for dissolution was filed by the wife. However, the husband filed a motion to dismiss the petition because he was not divorced from his first wife when he and the mother married. The court ruled that the parties marriage was  void. However, the court retained jurisdiction over the issue of college expenses and agreed to continue to hearing on the subject. The parties son graduated college before the petition for dissolution was filed. The Court in Chee held that the college expenses could be determined as part of the underlying action with the other issues of the case. The Court in Chee notes that this fact pattern is different from the case of Peterson (discussed in my previous blogs). The Court stated that Peterson did not control because there was no final adjudication or reservation of college expenses before the wife sought contribution. Therefore, she was still able to seek such.

Depending on the facts of each case, it’s important to contact an attorney that is knowledgeable in the area of family law.

Was this information helpful?

You May Also Like

A cohabitation agreement is an agreement or contract entered into between two people living together in the same household who are in a romantic relationship but not married. With more millennial couples choosing to live together, whether planning to marry…

When going through a divorce it's not uncommon to think "I never want to get married again!" But later, you may fall in love again and be ready to venture into marriage again. If you are planning to remarry, you…

While doing an initial consultation with an individual looking to get divorced, I have found it is common to get questions about whether it is possible for a divorcing couple to work together with an attorney to do a collaborative…

No one likes to pay spousal maintenance (formally called "alimony" or referred to as spousal support). When you are employed and your ex refuses to work, there is a greater reluctance to want to pay maintenance. In Chicago divorces, there…

Finding the best child custody lawyer in Chicago may seem like a daunting and intimidating process if you have never been involved in a legal dispute. This is especially true when it comes to a custody case involving your children…

Parenting disputes, and accusations of being a bad or unfit parent, are extremely common in the world of divorce, juvenile, and family law. Many parents enter the courtroom with a laundry list of accusations of poor parenting against the other…

RECENT POST
Categories
Archives
Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Why Choose
ANDERSON & BOBACK?

Schedule a Discreet Consultation Today!

    Firm Overview
    ANDERSON & BOBACK?

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870