Can I Be Forced to Pay for My Child's Illinois College Expenses?

DuPage County Divorce Lawyers Helping Explain Key Factors of College Expenses

After a couple finalizes their divorce, most financial concerns may be resolved. However, for couples with children, both parents will likely have ongoing financial obligations. Child support payments will be established to ensure that both parents are contributing to their children's ongoing needs, and parents will need to determine how they will handle various child-related expenses. While child support obligations will remain in place until a child reaches adulthood, there are some situations where additional financial assistance may be required.

One of the key questions that may arise as a child approaches adulthood is "Who will pay for the child's college education?" The laws in Illinois recognize that children of divorced parents deserve to be able to pursue educational opportunities, and parents may be required to contribute to the expenses involved in attending college. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we work with divorcing parents to help them understand their financial obligations toward their children. We can make sure arrangements are put in place that will ensure that children can pursue opportunities and achieve their goals in their careers.

Parents' Contributions to College Expenses

To help determine how much, if any, parents may be required to contribute to their child's college expenses, these factors may be examined:

• The financial resources of both of the divorced parents
• The financial resources available to the child, including college savings, money they have earned, or gifts they have received from family members
• The standard of living the child would have had if the parent's marriage had not ended
• The child's academic performance prior to and during the divorce to determine if they are able to attend college

Financial aid is another factor the courts will consider in the process. In most instances, parents will work together with their child to fill out a Free Application for Federal Student Aid (FAFSA) that will determine if the child qualifies for financial aid. If the child has offers for scholarships, loans, or other forms of aid, this may be taken into account when determining how much parents may be required to pay.

Parents may be required to contribute to several different types of expenses related to their child's college education, including tuition, fees, housing costs, books, supplies, transportation, and medical expenses while they are attending college. In general, the amount that the parents will be required to pay cannot be higher than what the child would have paid if they were attending the University of Illinois at Urbana-Champaign during that same school year. Parents will not be required to contribute to college expenses if their child fails to maintain a grade point average that is equivalent to a "C" grade.

What if My Child Wants to Attend a Private School?

Your child is free to apply for and attend whatever college they wish. They may be able to attend a private university if they receive the necessary financial aid or if you and the other parent agree to assist in paying tuition and other expenses. However, you cannot be required by the court to contribute more than what you would pay if your child was attending the University of Illinois. Depending on your child's goals, your family's circumstances, and any other relevant factors, it may be preferable for your child to attend a public college or university that offers the same benefits and courses as a private university.

Contact Our Wheaton Child Support Lawyers for College Expenses

At Mirabella, Kincaid, Frederick & Mirabella, LLC, our goal is to help make the divorce process easier for you while ensuring that you are prepared to address complex financial issues such as your child's college education. Contact us today to learn how we can help you make sure you will not be paying more than you can afford. Call us at 630-665-7300 to set up an initial consultation. We serve clients in Kane, Kendall, and DuPage Counties, including the cities of Wheaton, Carol Stream, Downers Grove, and Naperville.