Illinois Law Can Require Divorced Parents to Pay For Child’s College

 Posted on November 04, 2021 in Divorce

 Illinois is one of the few states in the nation that has a law compelling divorced parents to contribute to their child’s educational expenses after the child has turned 18 or graduated high school. For some parents, this is a gift; to others, it seems drastically unfair. In 2019, a parent challenged this law and argued that the law essentially created two classes of children because married parents cannot be ordered to contribute to their adult child’s educational expenses. He also argued that he was not allowed sufficient input regarding where his child went to college. Ultimately, the Illinois Supreme Court held that the law was constitutional. For better or worse, this law stands. 

For divorced parents who need to know whether they can expect to be tasked with paying their children’s college expenses as part of their child support obligations, here are some basic facts. 

What is an Educational Expense? 

The law requires parents to pay not only for their child’s college tuition; other college-related expenses are included as well. Housing, food, books and supplies, and medical expenses during a child’s college years all fall under the purview of this law. Because a student may live at home, in private housing, or on campus, the cost associated with these categories can vary considerably. 

The law does not exclusively cover university or college education. Parents can also be required to pay for trade school, vocational school, and other forms of career training.

How Much Can Parents Be Ordered to Pay? 

Divorced parents are expected to pay these costs using their income and assets, and judges can consider each parents’ overall financial situation when determining costs. Judges may also require children to contribute financially to their own education. 

Because the cost of tuition is different at every school, Illinois law states that parents cannot be ordered to pay educational expenses above what they cost at the University of Illinois at Champaign-Urbana in the current academic year. If a child wishes to attend a more expensive private school or an out-of-state school and the parents cannot or do not wish to contribute above the cost of UICU’s annual expenses, the child will have to pay the remainder using student loans or their own funds. 

The law places some restrictions on the child getting the education. First, judges can require children to contribute to their own college expenses if they have the means to do so. Children must also maintain a C-grade point average and must complete their education before turning 23 (this can be extended to 25 if there is sufficient justification). If a child gets married or graduates with a bachelor’s degree, the parents are no longer required to contribute. 

Contact a DuPage County Child Support Attorney

At The Stogsdill Law Firm, P.C., our experienced Wheaton, IL child support lawyers know that the laws surrounding adult child support can be confusing. We are here to help you understand your obligations and pursue child support from your former spouse if necessary. Call us today to schedule a confidential consultation at 630-462-9500. 

Sources:

https://cookcountyrecord.com/stories/515471970-il-supreme-court-dupage-judge-lacked-power-to-strike-down-law-requiring-divorced-dad-to-fund-grown-kid-s-college 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000