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Who Pays for Children's College Expenses After a Divorce?
There are numerous legal and financial considerations that need to be addressed during a divorce, particularly when children are involved. One of these is child support, which is used to ensure that parents share the costs of raising their children.
However, in addition to the support paid while children are minors, parents may also be required to provide assistance as a child pursues a college education after graduating from high school. Illinois law provides guidance on how college expenses may be divided between divorced parents. An experienced Kane County Family child support attorney can help parents understand these provisions and determine their financial responsibilities during and after divorce.
Illinois Law on College Expenses After Divorce
Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), courts have the authority to order divorced parents to contribute to their children's college expenses. The types of expenses that may be addressed as children pursue a college education include:
- Tuition and fees
- Room and board
- Books and supplies
- Transportation
- Medical expenses
This is one form of what is known as "non-minor support."
How Much Can Divorced Illinois Parents Be Required to Pay for a Child’s College?
The amount that each parent may be required to contribute to a child's college expenses is determined by several factors:
The Parent’s Financial Resources
Courts consider the income, assets, and financial obligations of both parents. Parents' contributions may be determined based on the amount that a parent has the capacity to pay and the amount needed to address the parent's own living expenses or to provide support for other children.
Standard of Living Without Divorce
The court may consider the standard of living the child would have enjoyed if the parents had remained married. If the child would have expected to receive assistance from parents in addressing college expenses, the parents may be required to provide similar levels of support.
The Child's Resources
The court may consider what resources are available to the child to address college expenses. These may include scholarships and grants, as well as money the child has earned through employment. College savings accounts established by parents or other family members may also be considered, and other sources of funds, such as inheritance a child has received, may play a role in determining how college expenses will be addressed.
College Costs
The actual expenses of attending college will be considered to determine appropriate levels of contribution by different parties. The amount that parents may be required to contribute will not be more than the costs of tuition, room, board, and other expenses that would be required if the child were to attend the University of Illinois at Urbana-Champaign as an in-state student for the same academic year.
When Can a Divorced Parent Stop Paying for an Adult Child’s Education in Illinois?
Certain requirements must also be met by the child to continue receiving assistance with college expenses. The child must maintain a grade point average equivalent to a "C." If the child graduates and obtains a bachelor's degree, gets married, or enlists in the armed forces, the parents' obligations to provide assistance will be terminated.
In most cases, a child can only receive assistance with college expenses until they are 23 years old. However, if there is good cause to extend support, such as health issues that affect a child's ability to attend college, the deadline may be extended to the age of 25.
Other than these circumstances, a parent needs to continue paying according to the court order unless the order itself is changed or terminated.
What if I Can't Afford to Help My Child Pay for College?
A parent's obligation to contribute to college expenses under the Illinois Marriage and Dissolution of Marriage Act is limited. Courts are required to weigh each parent's actual financial circumstances, including income, other debts, and the needs of any other children the parent supports, before setting the amount a parent has to pay.
If a parent's finances have changed significantly since the divorce, such as a job loss or a serious medical issue, that parent may be able to ask the court to modify an existing college expense order rather than simply falling behind on payments. But ignoring a court order to pay is not a safe option, since unpaid amounts can lead to enforcement action. Bringing a documented change in circumstances to the court can result in a more manageable arrangement. Our attorneys can help with that.
Can Illinois Courts Order Divorced Parents to Help Pay for Non-University Education?
The same law that allows courts to order parents to help with college costs can also apply to other forms of education after high school. Illinois courts may extend similar support obligations to a child pursuing a certificate or occupational skill training program, rather than a traditional four-year university path. This might include:
- Beauty or nail tech school
- Plumbing, carpentry, or electrical apprenticeships
- Community college programs
- Technical certification
- Distance learning and career "bootcamps"
As with college expenses, the amount and duration of this support depends on factors such as the cost of the program, the child's resources, and each parent's financial ability to contribute. This allows the law to care for children who want to get an education outside of the university system, rather than assuming a university degree is the only path that qualifies for continued parental support.
Contact Our St. Charles, IL Child Support Lawyers for College Expenses
Because there are a variety of complex factors that affect parents' obligations to help pay for their children's college expenses, it is essential to work with a skilled lawyer to ensure that these issues will be addressed correctly. At Mirabella, Kincaid, Frederick & Mirabella, LLC, our Kane County family law attorneys will advocate for a fair distribution of expenses to protect your financial interests while providing for your child's needs. We serve family law clients from our offices located in Kane, DuPage, and DeKalb County.
Contact MKFM to schedule an initial attorney meeting and get the legal representation you need at 630-665-7300.


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