Going through a divorce is a difficult and stressful process, but can become even more complicated when children are involved. One of the most challenging issues that have to be addressed is how to divide paying for your children’s college expenses after a divorce. This is especially true due to how much the cost of post-secondary education has increased in recent decades. Glasgow & Olsson understands that every family is unique and deserving of high-quality representation. We are located in Schaumburg and represent people throughout Chicago and the surrounding areas going through a divorce.
Despite a child becoming a legal adult at 18 years old, many people that age are not 100% fiscally independent. This is different from typical child support payments in Illinois, where it generally terminates once the child graduates from high school or turns 18 years old, whichever is later. Therefore, most Illinois divorce decrees contain a reserve clause that detail how the parents or the child(ren) will pay for educational expenses.
What Qualifies as ‘Educational Expenses’?
These expenses may include, but are not limited to, the following:
- Cost of the child’s post-secondary expenses, including tuition and fees;
- Cost of the child’s housing expenses;
- Cost of the child’s medical and dental expenses, including insurance;
- Reasonable living expenses of the child during the academic year; and
- Cost of books and other supplies necessary to attend college.
How Does the Court Determine Who Pays What?
Illinois state law establishes several factors for the court to consider when determining the amount each parent will pay:
- Financial resources of both parents;
- Child’s financial resources;
- Child’s academic performance;
- The standard of living the child would have had if the marriage had not ended; and
- Any other relevant factors that appear reasonable and necessary.
Other relevant factors could include, for example, whether the parents had already established a college savings plan and how much each parent contributed to the fund prior to the divorce. These payments can be delivered in various ways as the court sees fit. For example, these payments could go directly to the child, to the educational institution, or a special bank account or trust created for this purpose.
Are There Any Exemptions to Paying Educational Expenses?
Yes, Illinois law provides for specific exceptions where the court can terminate payments if the following conditions occur:
- The child fails to maintain an average grade point of “C” unless good cause is shown to excuse this;
- The child turns 23 years old;
- The child graduates and receives their college degree; or
- The child is married.
Glasgow & Olsson Can Help
The division of college expenses can be a challenging issue with many moving parts, such as the financial resources of the parents, the type of college your child decides to attend, and more. Ultimately, it is important to consult with experienced family law lawyers to guide you through this process. If you need representation for a divorce or child support matter in Cook County, Glasgow & Olsson is here to help. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.