Who Pays for a Child’s College Tuition After a Divorce? 

 Posted on May 23, 2023 in Divorce

When a couple divorces in Illinois, one of the main issues that often arises is who is responsible for paying for their children’s college education. This can be a contentious issue, especially as college prices continue to soar at obnoxiously quick rates, leaving many families to wonder how they will ever pay such expenses. Several factors come into play as you determine who will pay for college tuition after a divorce. For more assistance on this matter, contact an experienced family law attorney.

What to Know About College Tuition Post-Divorce in Illinois

In Illinois, the obligation to pay for college expenses varies depending on the circumstances. In many cases, the court will require both parents to pay a portion of their child’s college expenses. The child may also be required to contribute. However, the amount each party is expected to contribute will depend on a number of factors, including:

• The child’s needs – If the child is likely to need significant resources to attend college, such as for tuition, room, and board, the court may order the parents to contribute more

• The parent’s ability to pay – If one parent is significantly wealthier than the other, they may be required to pay a more significant portion of the college expenses. In general, however, the court will look at both parents’ income and other financial resources when making determinations of which parent will pay how much

• The child’s academic performance – In many cases, the court will look at whether the child is receiving any financial aid assistance, the amount of student loans they have taken out, and any college savings accounts that may exist. Furthermore, the child must maintain a “C” average while in college. Once the child turns 23, the parents’ financial obligation ends, except in cases where there is good reason to continue such payments, such as in cases where the child’s college education is delayed due to obligations like military service. In these cases, the payments may continue until they turn 25 years old. In any event, payments will cease once the child earns their bachelor’s degree

• The child’s financial resources – The court will take a look at the income and assets of the child as well

Contact a DuPage County Family Law Attorney

Illinois believes that just because a child’s parents may be divorced, this should not hinder the child’s ability to receive a college education. For legal representation for this matter, contact an experienced Wheaton family lawyer at The Stogsdill Law Firm, P.C.. Call 630-462-9500 for a private consultation. 

Source - https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K513