Are #divorced #parents Required To Pay For College In Illinois?
As Chicago #divorcelawyers, clients with children often ask if divorced parents are required to pay for #college-tuition The general simplified answer is “yes”. The #law in #illinois is that if the parents of a college-age child are unmarried (either divorced or never married to each other) the Court can require each parent to contribute to the cost of a college education.
How Much Will a Parent Have to #Pay?
This is not child support and there is no direct formula for calculating each parents’ contribution but the law in Illinois request that the amount a parent can be ordered to contribute cannot exceed the amount that it would cost to attend the University of Illinois at Urbana Champaign. The amount to attend the #universityofIllinois is published information that can be used as a baseline maximum amount when your child is going to attend a private, expensive and/or out of state school with premium-priced tuition, room and board. This keeps the cost somewhat in check under a reasonableness standard.
Court’s will often require both parents and the #child to contribute to college (baccalaureate degree only, Master’s degree or other advanced education is not included). I have seen Judges order the parents and the child to each pay for college in equal shares of one-third (1/3). This can be accomplished through loans by the parents and/or students.
The initial inquiry is to look at any agreement that the parents may have entered previously. Usually in the form of a #marital-settlement agreement or #parenting-agreement that details parenting time and #parenting responsibilities and often addresses #college-expenses. If there is an agreement in place, for example, that the parties will each pay 50% of the college expense then that is the starting point for the Court - absent any substantial change in circumstances brought to the court’s attention for modification of this agreement, the likely outcome is that Each parent pays 50%. More often, college costs are reserved until such time as the child or children become college age. This is wise as it is too difficult to predict what your ability to pay will be several years down the road. The next inquiry is to determine each parents’ ability to contribute to college based on the #factors that the Illinois law has provided.
Illinois Law Addressing #educational #expenses of a Non-Minor Child
Section 513 of the Illinois Domestic Relations Law which is entitled “Educational expenses for a non-minor child” is the section that is used when a court is going to award sums of money out of the property and income of either or both parents. A court can also order payment from the estate of a deceased parent for the educational expenses of any child of the parties. The court has the authority to order one or both parents to pay for college until the child reaches age 23 or it can stretch to the age of 25 based on certain circumstances. Included in the costs that parents’ may be required to pay are the college application costs (up to five colleges) and the cost of up to two standardized college entrance examinations and one standardized college entrance examination preparatory course.
What Qualifies as “Educational Expenses”
Educational expenses include tuition and fees, housing, meal plan, medical insurance & expense, dental insurance and expense, reasonable living expenses, books, and supplies.
If the court orders a parent to pay for college expenses, the child is required to sign a consent for the school to provide that parent with access to the child’s academic transcripts, records, and grade reports. In addition, if a court orders a parent to pay college expenses, the child must maintain a cumulative “C” grade point average.
If one or both of the parents have a 529 account for the benefit of the child, that account can be considered to be a resource of the child if the account was accumulated prior to a divorce. Any contributions made by a parent after a divorce could be considered a contribution from the contributing parent.
Review this full blog on our website: illinoislawfor... , contact one of our attorneys for a free consultation @ 12-634-6196, or visit our website: illinoislawfor...
Follow us on Social Media:
Facebook: / andersonbobacklaw
Instagram: / andersonandboback_fami...
LinkedIn: / anderson-&-boback
Twitter: / illinoislaw4u