Will My Children Be Expected to Contribute to Their Own College Expenses After My Divorce?

Lawyers Help Divorced Parents and Their Children in DuPage County

A child of divorced parents may be required by the court to contribute toward their own college expenses. These contributions may take the form of scholarships, grants, or the child's wages, as well as funds saved in a 529 college savings plan. The court's decisions in these matters will be based on the financial situations of both parents and the child.

Contributions to College Expenses by Divorced Parents

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), parents who are divorced or who are going through the process of a divorce may be ordered to help their child with college expenses. Whether such contributions are required and how much each parent must contribute will depend upon the financial resources and needs of each parent.

The court will consider the financial resources of the child or student as well. The court has the authority to order the child to contribute toward his or her own post-high school expenses. For the purposes of this determination, a child's financial resources may include any scholarships or grants for which the child is eligible, in addition to any income generated by the child's employment. Any money that is being held in a 529 college savings plan is also considered part of the child's financial resources. (Learn more about 529 college savings plans and divorce.)

When parents are ordered to assist in paying college expenses, they may be required to help address certain needs. Contributions may address the costs of tuition, room, and board. Parents may also help pay for transportation, medical expenses while the child is at school, books, supplies, fees, and college entrance exams.

There are also certain limitations that apply. In general, parents will not be required to pay more than the cost of tuition, room, and board at the University of Illinois at Urbana-Champaign during the same school year. The child will also be required to maintain an equivalent of a "C" grade point average. Parents' obligations to contribute to college expenses will end when the child graduates and receives a bachelor's degree, gets married, or turns 23 (this age may be extended to 25 if a court believes there are circumstances justifying it).

Contact Our Wheaton Divorce Attorneys for College Expenses

Illinois law allows the court to order contributions toward a child's college expenses as a special form of child support for a non-minor child. There are many factors that the court will consider in making these decisions, and it is important to know your rights throughout the process. An experienced DuPage County family law attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC can help you understand your situation and build a case designed to protect your best interests and those of your child. Contact our office by calling 630-665-7300 today.