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posted on 8/25/21

A Chicago area couple has had it with each other. They have tried to keep their relationships civil in front of their three teenage children, wanting them to grow up in a loving home. They can no longer remain civil with each other and know it will be better for the kids if they divorced. However, they are worried about how they will pay for their children’s college prep and college expenses. Their children are in 9th, 10th, and 12th grade. One of their children has already been accepted to the University of Chicago.

Illinois’ College Expenses Law

In Illinois, child support payments stop when the child turns 18 or after high school graduation, whichever is later. If a child is still in high school at age 19, the child support payments will stop at age 19. In Illinois, the child support issues that a divorced couple has not already addressed under Illinois child support law can be addressed under Illinois’ college expenses law. This law covers children over the age of 18 who are no longer eligible for child support and who need financial support for college.

The court can require one parent to contribute to the child’s college expenses. The child does not need to be actively attending college to receive support. The judge can require one parent to make contributions while the child is still in high school and start paying for college entrance exams, applications, and living expenses for the summer between high school and college.

Limits on College Contributions

Under Illinois law, the court does not use a formula to determine how much a parent should contribute. Instead, it is up to the judge’s discretion. However, there is a financial cap on a parent’s maximum contribution to the cost of a child’s college education. The parent cannot be required to contribute more than the cost of tuition, fees, and room and board at the University of Illinois, Champaign-Urbana. Additionally, the child must maintain at least a grade point average of a “C.” College contribution payments must end on the child’s 23rd birthday, or 25th birthday if there is good cause.

What Qualifies as College Expenses?

Illinois judges have the power to allocate college expenses, even college expenses incurred during school breaks for children of divorced parents. Under the law, educational expenses include tuition and fees, medical insurance and expenses, dental expenses, books, supplies, and housing, whether on or off-campus.

What if the Student Lives at Home While Attending College?

If the student lives with one parent while attending college, the court will consider the child’s living expenses. The court can require one parent to help pay for the reasonable cost of the child’s food, utilities, and transportation.

Discuss Your Case With a Cook County Lawyer

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.