Can Courts Order College Payments After Divorce in Illinois?

 Posted on December 12, 2024 in Divorce

Divorce typically brings a range of financial and legal considerations, particularly when children are involved. One significant question many divorced parents face is whether courts can require them to contribute to their child’s college expenses. This issue can be both financially and emotionally challenging, especially for families who are adjusting to life post-divorce.

Disagreements over public versus private schools or how expenses will be divided can complicate matters, making it essential to seek legal guidance. An experienced Illinois family law attorney can help you make informed decisions about your child’s education while also protecting your financial stability.

What Does Illinois Law Say About College Tuition After Divorce?

State law allows courts to order parents to contribute to their child's college expenses under certain circumstances. Unlike child support, which normally ends when a child turns 18 or graduates from high school, this provision explicitly addresses post-high school education.

The court may require one or both parents to pay for:

• Tuition and fees

• Room and board, whether on-campus or off-campus

• Books and other necessary school supplies

• Medical expenses, including health insurance

When Can a Court Issue an Order to Cover College Expenses?

Courts do not automatically issue orders for college payments. Instead, several factors are considered when determining whether a parent must contribute to their child’s education. These include:

• The financial resources of both parents: Courts will assess income, assets, and overall financial standings.

• The child’s academic performance: A student’s ability and commitment to education may influence the court’s decision.

• The financial resources of the child: Funds like scholarships, grants, and the student’s own income may reduce the parents’ contributions.

• The standard of living if the marriage had not ended: Courts aim to provide the child with opportunities similar to those they may have had if his or her parents remained married.

Are There Limits to What Courts Can Order?

Illinois courts strive to balance the child's needs with the financial realities of each parent. For instance, the court might limit how much parents have to pay based on the cost of an in-state public university, even if the child chooses to attend a more expensive private college. Additionally, the court order can limit how long parents must contribute, such as until the child turns 23 or completes a bachelor’s degree.

Can Parents Negotiate College Contributions During the Divorce?

Parents have the option of negotiating how they will handle college expenses during their divorce proceedings. By addressing these costs in a settlement agreement, parents can avoid future disputes. Common approaches include:

• Splitting costs evenly or in proportion to income

• Establishing a college savings plan

• Including specific terms about what expenses each parent will cover

What Happens if a Parent Refuses to Pay?

If a parent refuses to comply with court-ordered college payments, he or she may face legal consequences. The other parent or the child can request that the court enforce the order by filing a petition. Failing to comply could result in penalties like wage garnishment or being held in contempt of court.

Contact a DuPage County, IL Family Law Attorney

If you have questions about college tuition and divorce, an experienced Wheaton, IL divorce attorney at Goostree Law Group can provide legal assistance. Our team will help you understand court orders, child support, and education expenses, ensuring your child's future is protected. Call us today at 630-364-4046 to schedule a free consultation.