Due to a combination of factors, tuition at Illinois public universities has doubled over the past ten years.
First, the well-documented pension fund crisis touched institutions of higher learning. In 2005, retirement funds accounted for 20% of the higher education budget; by last year, that proportion had escalated to 53%. As a result, schools have had to drastically increase tuition just to keep up with operating costs, fund modest improvements, and generally keep pace with other colleges.
At the same time, personnel costs have rapidly expanded. But instead of hiring instructors who can attract more students, the university system is hiring administrators at a 50% greater clip. Most of these individuals have annual salaries of at least $100,000. So, in addition to taking away money from student services in the short-term, the hirings increase long-terms costs in terms of future pensions.
Tuition and fees at Illinois public universities is about 30% higher than the annual national average.
Obligation to Pay College Expenses
Especially if there are young children involved, most Illinois divorce decrees contain a reserve clause that states that higher education expenses will be divided at a later date. The Legislature recently made some amendments to Section 513 to clarify this obligation; specifically, the child support obligor must contribute to a child’s college expenses until age 23, so long as the child maintains at least a “C” average. Moreover, the expenses are capped at the tuition, fees, room, and board costs at the University of Illinois-Champagne, but given the high cost of this institution, the amount is still highly discretionary.
For children of divorce, the expenses are essentially divided proportionally between the:
- Custodial Parent: The law is a bit uncertain as to whether overall child support must be reduced once the children enroll in college; essentially, the inquiry is fact-specific. The law does specifically mention retirement savings, strongly implying that there may be an obligation to at least borrow against these funds.
- Non-Custodial Parent: The financial resources of a new spouse may be considered in calculating the parents’ support ability.
- Student: The law is unclear as to whether the court should consider actual assets, like savings accounts, or potential assets, like student loans and part-time employment income.
This obligation may be enforced either before or after the expenses are incurred.
Expenses to Divide
Some expenses, like tuition and fees, are rather straightforward and easy to determine. But that is not true in most categories. For example, when it comes to books, should they be bought new from the bookstore or used from the bookstore, or must the student spend hours scouring the internet for the best deal?
Other possible points of contention include:
- Housing: Must the student live with one roommate or five?
- Student Services Fees: Optional fees that allow access to athletic contests and certain facilities on campus are often hundreds of dollars per semester.
- Transportation: Is the student entitled to a new car with full insurance and a gas/maintenance allowance, an open-ended round-trip bus ticket to and from campus, or something in between?
The money awarded may be made payable directly to the provider, to the child, to either party, or to a special fund, depending on the facts and the parties’ agreement.
Contact Diligent Attorneys
Child support obligations typically do not end at age 18. For prompt assistance in this area, contact the Schaumburg lawyers at Glasgow & Olsson. We are based in Schaumburg Illinois and routinely handle cases in all nearby jurisdictions.