After a Divorce, Who Pays for College Tuition?

 Posted on February 14, 2024 in Child Support

Divorce can bring about numerous challenges, especially when it comes to supporting children's education. In the state of Illinois, the responsibility of paying for college tuition is determined by various factors, including state laws, court decisions, and the specific terms of the divorce settlement agreement. One crucial aspect to consider is Section 513 of the Illinois Marriage and Dissolution of Marriage Act, which outlines the provisions related to college expenses for a non-minor child. If you are getting a divorce and are concerned about who will be responsible for your child's college tuition, an experienced attorney can assist you.

Section 513 of the Illinois Marriage and Dissolution of Marriage Act

Section 513 provides guidelines for determining the allocation of college expenses between divorced parents. It allows the court to order either or both parents to contribute to their child's college expenses, considering various factors. Section 513 provides for the allocation of reasonable and necessary college expenses, including tuition, fees, books, housing, and other related costs.

Importance of the Divorce Settlement Agreement 

In many cases, the responsibility for college tuition payments is addressed in the divorce settlement agreement. If the agreement specifically outlines the obligations of each parent regarding college expenses, it becomes a legally binding contract. To avoid ambiguity or future disputes, it is crucial for the settlement agreement to state the obligations regarding college tuition payments clearly. This may include specifying the amount, duration, and conditions for payment. If circumstances change, either parent can seek to modify the settlement agreement through the court. A significant change in financial circumstances or other relevant factors may warrant a modification of the college expense provisions

Parental Agreement and Co-Parenting 

Parents in Illinois also have the option to reach an agreement outside of the court system regarding college tuition payments. By working together, parents can create a customized plan that suits their financial capabilities and their child's needs. Parents can also establish college savings plans, such as a 529 plan, to save for their child's education. This can alleviate the financial burden and provide a clear funding source for college tuition

Contact Our Wheaton, IL Divorce Lawyer

When navigating this matter, clear language in the settlement agreement, consideration of state laws, and open communication between parents are crucial in resolving this issue. For exceptional legal guidance, contact the astute DuPage County, IL divorce attorneys with The Stogsdill Law Firm, P.C.. Call 630-462-9500 for a private consultation.