At many institutions, college tuition has doubled in the last 20 years. The problem is especially serious here in Illinois. For many years, colleges have relied on extremely generous pensions to attract faculty and staff. Now, those pensions are being paid out just as enrollment is dropping.
Even though child support terminates at age 18, an Illinois judge could require noncustodial parents to pay a portion of college expenses. Many Chicago divorce decrees contain a reserve clause, which says something like “each parent agrees to contribute to post-secondary education costs.” Most judges enforce these vague provisions. In other cases, the custodial parent may file a petition for educational expenses before the child turns 18.
In each situation, the considerations are very much the same, as outlined below.
Required Financial Support in Chicago
Section 513 of the Illinois Marriage and Dissolution of Marriage Act clearly states that the judge “may” order support in these situations. The type of money available includes:
- Tuition and Fees: The total amount cannot exceed the cost of tuition and fees for a full-time, in-state student at the University of Illinois at Urbana-Champaign. A “full time” course load is normally 12 hours.
- Housing and Food: There is a tremendous difference between living at home and commuting, a university dormitory room, and a private apartment with no roommates. The law caps housing expenses at the cost of a double-occupancy dorm room at the University of Illinois and a full-time meal plan.
- Transportation: Similarly, there is a big difference between a few round-trip bus tickets each semester and a new car. Either could be reasonable in different circumstances. The law provides little guidance.
- Living Expenses During Recess: The child is entitled to reasonable living expenses during semester and summer breaks, even if the child lives at home during these periods.
The law is largely silent as to the student’s role in working or borrowing money. Again, student contributions vary significantly under different circumstances.
Factors in Dividing Postsecondary Support
A Chicago judge must not only calculate the amount of money the child needs. The court must also divide that cost between the parents. Some factors in this division include:
- Each Party’s Financial Resources: Section (j)(1) specifically mentions retirement savings, which suggests that parents might have to dip into their personal savings to help pay for college.
- Child’s Financial Resources: The court may only consider these resources. The court cannot order the child to borrow money or get a job.
- Child’s Academic Performance: Not everyone is college material, which is why high school performance is a factor. Moreover, the child must make sufficient academic progress in college. Again, the law offers little guidance in these areas.
Illinois judges may also consider any other factor they deem relevant, including the standard of living the child would have had if the parents had remained married and the child’s relationship with each parent. Procedurally, parents may file claims before the child starts school or after the child graduates. Many other states only allow one or the other.
Contact Experienced Lawyers
Divorced Illinois parents may have to contribute to college costs. For a confidential consultation with an experienced family law attorney in Schaumburg, contact Glasgow & Olsson.
(image courtesy of Faustin Tuyambaze)