Who Pays for Children’s College Expenses After a Divorce?

 Posted on July 29, 2024 in Kane

There are numerous legal and financial considerations that need to be addressed during a divorce, particularly when children are involved. Child support orders are put in place 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 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. This is one form of what is known as "non-minor support." 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

How Much Parents May Be Required to Pay

The amount that each parent may be required to contribute to a child’s college expenses is determined by several factors:

• Financial resources: Courts may 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: 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.
• 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.

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.

Contact Our St. Charles, IL Child Support Lawyers for College Expenses

Because there are a variety of complex factors that may affect parents’ obligations to provide assistance with 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 can help you understand your obligations, and we will advocate for a fair distribution of expenses that will protect your financial interests while providing for your child’s needs. Contact our firm to schedule an initial attorney meeting and get the legal representation you need at 630-665-7300.