Contribution to College Expenses

CONTRIBUTION TO COLLEGE EXPENSES

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Child support in Illinois terminates when a child turns 18 or graduates from high school, whichever is later to occur. It stops at 19 even if the child is still in high school. If your child is pursuing any kind of post-high school education, whether it is college, vocational, professional, or other training after graduation from high school, you can seek to have your partner or ex-partner contribute to the related expenses on behalf of the child.

Contribution to college expenses is different than child support in that each parent’s contribution is not determined by using guidelines or a formula. The Court will consider the present and future financial resources of both parents in determining how much, if anything, they are each to contribute. Courts will not order a parent to contribute to their child’s college if the court finds that a parent cannot afford to do so. When the courts look at the financial resources of the parties, they are not looking at merely income, they are also looking at all financial assets, resources, and financial circumstances. For instance, if a parent has remarried, the Court could consider the assets of a second spouse or the expenses of a second family to determine a total picture of the financial ability to pay.

Illinois law gives judges the power to allocate college expenses -- even expenses incurred during school breaks, for children whose parents are divorced or never married. The law defines "educational expenses" as including, but not limited to, tuition and fees, housing (whether on- or off-campus), medical insurance and expenses, dental expenses, travel to and from school, books and other supplies. The maximum a parent can be ordered to contribute is the cost of tuition, fees, room-and-board (double occupancy, standard meal plan in a residence hall) at the University of Illinois, Champaign/Urbana. Tuition, Undergraduate Admissions, University of Illinois Urbana-Champaign. Tuition & Fee Rates – Office of the Registrar (illinois.edu). Therefore, if your child decides to attend a private college, the tuition of which exceeds that of University of Illinois, the Court cannot order one parent to contribute more than the University of Illinois limit.

If you want the other parent to help with college expenses, first review your Judgment/Marital Settlement Agreement. College expenses are usually addressed only generally in the divorce decree because courts do not decide the issue until the child is ready to go to college. Talk to your ex about where your child wants to attend school, the costs, and how you propose to handle it. If there are no agreements, you should contact our office.

What do courts generally do? It varies, but most judges order that parents contribute to their children’s post-decree education commensurate with their income and assets. This is done after the children’s education funds (529 plans, College Illinois) are utilized and after any scholarships or financial aid is awarded. Some judges require children to have a stake in their education and require a portion of the expenses to be paid by student loans taken out by the child.

In addition, courts will require that the child must maintain at least a "C" grade average in order to require the parents to contribute. The obligation to contribute ends upon a child's 23rd birthday or their 25th birthday for good cause shown, like a delayed start due to illness or military service.

If the student lives with a parent while attending school, the Court will consider the child's living expenses and allocate between the parents and child an amount that pays for the reasonable cost of the child's food, utilities, and transportation.

Parents in a divorce (or after) want to have a voice in the selection of the school and curriculum for their child; the thinking being, why should a divorced parent be forced to pay for an education that he or she could refuse if still married? The law, however, has no requirement that a parent be consulted about the college the child will attend. There is also no requirement that the child have or maintain a good relationship with either parent in order to receive contribution to their college expenses. However, parents are entitled to have access to their children’s curriculum, grades, and financial aid applications.

I have been very successful in working out these issues with divorced or divorcing parents. Even though the judge cannot order that parents contribute to college savings prior to a child attending college, I encourage parents to agree between themselves to set aside money every month for that purpose. With the increasing costs of post high school education, this is in your child’s best interests and prevents a situation where a judge later orders you to liquidate assets to pay for it.