How Are College Expenses Handled After Divorce in Illinois?

How Are College Expenses Handled After Divorce in Illinois?

Divorce can bring many financial challenges, especially when children are involved. For parents of college-age kids, a common and often personal question arises: “Who will pay for college?” The cost of higher education is no small burden, and deciding how to handle this responsibility can be complex. While many parents choose to support their child based on personal values and circumstances, disagreements can sometimes arise.

In Illinois, the law provides a framework to address college expenses in divorce cases, offering guidance when consensus can’t be reached. At SAM LAW OFFICE, LLC, we have years of experience helping divorcing parents navigate these decisions. In this article, we’ll discuss how courts handle college expenses during divorce and offer practical steps to ensure your child’s future remains a priority, even during this challenging time.

How Illinois Protects Children’s Higher Education During Divorce

Illinois stands out as one of the few states that actively encourages divorcing parents to consider their child’s educational support beyond high school. It also provides specific legislation to address this issue during divorce proceedings, ensuring a thoughtful approach to the child’s future. The key legal statute is 750 ILCS 5/513, which governs educational expenses for non-minor children. This law allows courts to require one or both parents to contribute financially to a child’s higher education under specific circumstances. This financial contribution may include the following:

• FAFSA Completion: Courts can require parents to complete the Free Application for Federal Student Aid (FAFSA) to evaluate financial aid options.
• Tuition and Fees: Costs are capped at the in-state rate for the University of Illinois at Urbana-Champaign (UIUC).
• Housing: Support may cover on-campus or off-campus housing, provided the costs align with UIUC rates.
• Insurance: Coverage for medical and dental insurance, if necessary.
• Academic Expenses: This includes books, supplies, and reasonable living costs during the academic year or school breaks.

Educational expenses may be paid directly to the institution, placed in a trust, or directed to another account based on the court’s discretion.

Factors Influencing College Expense Allocation

Courts in Illinois do not assign contributions arbitrarily. They carefully weigh several factors to ensure fairness. Below are the primary considerations:

1. Parental Financial Resources

Courts review the present and future financial resources of each parent, accounting for income, savings, retirement plans, and other obligations. For example, a parent with a steady, high-income career may be required to contribute more than a parent with limited resources.

2. Child’s Financial Resources

If a child has savings, scholarships, grants, or other financial aid, these resources are factored into the equation. For example, a child with a substantial scholarship may reduce the financial burden on both parents.

3. The Chosen Educational Path

Courts assess the costs associated with the child’s college choice. If the child opts for an in-state public institution, financial expectations may differ compared to choosing an out-of-state private school. For instance, if a child is admitted to Northwestern University, which has higher tuition costs, both parents may need to address how to handle the extra expenses.

4. Child’s Academic Performance

The court evaluates whether the child is making reasonable academic progress and meeting the standards to remain in college. If a child fails to maintain a “C” grade point average without a valid reason, the court may terminate financial contributions from either parent.

5. Standard of Living Before Divorce

Another consideration is whether the child would have reasonably expected their college expenses to be covered had the marriage not dissolved. This ensures the divorce’s impact doesn’t unfairly disrupt the child’s educational aspirations.

How to Seek a Court Mandate for College Expenses

Most of the time, courts encourage parents to work out how they want to divide college expenses on their own and then submit their agreement for review. However, if parents cannot come to an agreement, they may need to petition the court to resolve the matter. Here’s how to ensure a fair cost-sharing arrangement for your child’s education:

1. File a Petition

A formal petition is necessary to request contributions for educational expenses. This motion outlines the specifics, including the child’s enrollment status, chosen college, and estimated costs.

2. Provide Detailed Financial Disclosures

Be prepared to share your income statements, tax returns, and other financial documents. This will help the court make an equitable decision.

3. Compile Supporting Documents

Present evidence such as the child’s acceptance letter, cost breakdowns from the educational institution, and projected expenses for housing, books, and living costs.

4. Attend Mediation (if required)

Some courts may require mediation before proceeding to hearings. This can help parents reach a resolution without unnecessary litigation.

5. Secure Legal Representation

Divorce and post-divorce disputes can be complex, especially when addressing financial issues like college expenses. Having an experienced divorce attorney from SAM LAW OFFICE, LLC can make all the difference. They ensure your rights and your child’s best interests are protected throughout the process.

Handle the Financial Burden with Confidence

Divorce doesn’t have to derail your child’s educational dreams. Illinois’ legal framework offers parents the tools and guidance to divide college expenses fairly based on their financial capacity and their child’s needs.

At SAM LAW OFFICE, LLC, we understand that navigating divorce and financial disputes can feel overwhelming. That’s why we’ve been trusted by families across Illinois to provide practical and cost-effective legal solutions. If you have concerns about college expenses, we’re here to help. Contact us today to secure a brighter, more stable future for your child.