Anderson & Boback Logo

Am I still required to contribute to my children’s college expenses?

Categorized as Child Support


Continuing a further discussion from the last two blog posts that I have written, I want to touch base on another scenario regarding college expenses and your obligation to pay them on behalf of your children. Last time we discussed what it means to have what is called Section 513 expenses reserved in the Judgment for Dissolution of Marriage. But what about when the Judgment for Dissolution of Marriage doesn’t have an express reservation of college expenses?


So what happens if a settlement agreement does not specifically “reserve” the allocation of college expenses? In that case, the court has the authority to enforce a dissolution judgment providing that each party pay.


In In re Marriage of Koenis, the mother filed a petition for reimbursement for approximately $257,000 that she and the parties’ daughter incurred for college expenses and law school. The Judgment for Dissolution of marriage provided that, “the Husband and Wife shall pay for university, college or post-graduate school education for Tiffany herein based on their respective financial abilities and resources at such time.  The father argued the case that we discussed previously, Peterson and that the mother was barred from seeking reimbursement since the child had completed her schooling and the mothers petition was filed after all the expenses were incurred. The case went up to the Appellate Court and they sided with the mother. The Appellate Court stated that the settlement agreement not contain either a reservation clause or a reference to section 513 at all. The settlement agreement obligated both sides to contribute to the child’s post-secondary education, and so the mother could in fact seek the expenses incurred although she filed her petition after the expenses were incurred. See In re Marriage of Koenis, 2012 IL App. (2d) 110503.

Was this information helpful?

You May Also Like

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…

Unfortunately, there are many negative connotations when it comes to the word “divorce.” Maybe you have personally went through a divorce in the past or maybe you know someone who has. When people think of divorce, it is not uncommon…

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

Schedule a Discreet Consultation Today!

    Firm Overview

    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