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posted on 1/27/16

Effective January 1 of this year, a number of new divorce and family law rules took effect in Illinois, and one of them attempts to control spiraling college costs.

Most Illinois divorce decrees have a reserve clause regarding payment of college expenses, since child support technically ends at age 18, in most cases, and it is impossible to fairly estimate future college costs for young or teenage children. As the children get older and costs become ascertainable, Section 513 of the Illinois Marriage and Dissolution of Marriage Act comes into play.

The Basics

The law requires both parties to share in the “educational expenses” of a child. According to subsection (b), these expenses are to be divided based on factors including:

  • Child’s Financial Resources: There are some questions here. Does the student have a responsibility to take out student loans? If so, how much? Furthermore, does the student have an obligation to work and earn money? If so, how much?
  • Financial Resources of Both Parents: The income of a new spouse may be factored into this calculation, although this is not the case with regular child support.
  • Child’s Academic Performance: A new amendment to Section 513 stipulates that the child must maintain at least a “C” average.

Other new provisions are an expense cap (the expenses cannot exceed the total cost of attending the University of Illinois) and an age cutoff (23 in most cases; 25 in extraordinary cases).

Despite attempts to define this term, there are a number of questions as to the nature of “educational expenses.” For example, in terms of transportation expenses, does the obligation extend to a new car with full insurance and additional money for gas and maintenance, or are a few round-trip bus tickets home for the holidays sufficient? What of other living expenses? Does a student have an obligation to live at home or live with a number of roommates to save money? These questions are typically answered on a case-by-case basis according to the facts.

Practical Concerns

One of the leading cases in this area is In Re Petersen, which the Illinois Supreme Court decided in 2011. The Petersens had three children: one who had graduated college, one who was attending college, and one that was about to enroll. The trial judge ordered Mr. Petersen to pay 75% of current and future college expenses, which translated to almost $230,000 and just over $46,000 respectively.

The Supreme Court eventually invalidated that judgement, reasoning that the trial court had no authority to determine college expenses and no authority to make a retroactive award.

So, the best approach is to estimate the total amount of educational expenses when a child selects a college and prepares to enroll, and then file a motion to modify asking the court to divide these expenses based on the factors in 513(b).

Connect with Experienced Family Law Attorneys

For prompt assistance in this matter, contact the aggressive lawyers at Glasgow & Olsson. We stand up for your legal and financial rights.