Yes. Illinois is one of a small number of states that allows courts to order divorced parents to contribute to post-secondary education expenses. This obligation can be included in a divorce settlement or ordered by the court after the divorce is finalized.
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College Expenses for Children & Divorce
College Expenses and Divorce in Chicago
There is an entire section of the Illinois Marriage and Dissolution of Marriage Act devoted to the issue of college contributions, expenses, and contributions of parents to their children after divorce. Either parent can petition the other parent for contribution to college education expenses, which includes tuition, room and board, fees, books, medical, reasonable living, and travel to and from college. While the parents and child can choose which college or university he or she wants to attend, one major consideration for the Illinois courts is that the baseline for contributions is set at the maximum allowable for a University of Illinois education.
The court has the authority to order one or both parents to complete FAFSA, which is the free application for federal student aid, and further order contributions to the cost of up to five college applications, two standardized entrance exams, and test prep course for college. The court will also look at each parent’s present and future financials and standard of living. On the other hand, the court will look at the child’s financial resources and academic performance and can further require that the child maintain a “C” grade point average and can lose these parent contributions in certain circumstances, such as turning 23 years old, receiving a degree or getting married.
If you have questions about divorce and college expenses for your children, contact WARD FAMILY LAW, LLC, today to schedule a consultation with our skilled Chicago divorce lawyers.
Frequently Asked Questions
What expenses can be covered under an Illinois college expense order?
A college expense order can cover tuition, room and board, books and supplies, registration fees, and other reasonable expenses associated with attending college. Extracurricular and personal expenses may or may not be included depending on the specific terms.
Is there a cap on what parents can be ordered to pay for college in Illinois?
Courts typically cap college expense obligations at the cost of attending the University of Illinois at Urbana-Champaign for in-state tuition, room and board, and related fees. Parents are not required to pay for a more expensive institution unless they have agreed to do so.
What factors does an Illinois court consider in a college expense order?
Courts consider the financial resources of both parents and the child, the child's academic performance and aptitude, the standard of living the child would have enjoyed if the marriage had not been dissolved, and available financial resources including scholarships and financial aid.
Do I have to pay for college if my child has a strained relationship with me?
Courts can consider the parent-child relationship when determining whether college contributions are appropriate. Illinois law provides that a parent can request the court decline to order contributions if the parent has been unreasonably denied contact with the child.
At what age does the college expense obligation end in Illinois?
College expense obligations generally end when the child turns 23, earns a bachelor's degree, or is no longer a full-time student — whichever comes first.
Can parents agree on college expense contributions in a divorce settlement?
Yes. Parents can negotiate and include specific provisions for college expenses in the Marital Settlement Agreement, setting out each parent's percentage contribution, what expenses are covered, and other conditions.
What if my child receives scholarships or financial aid?
Scholarships and financial aid typically reduce the overall cost allocated between parents. Most college expense orders require the child to apply for all available financial aid, with parents' obligations calculated based on the net cost after aid is applied.
Can a college expense order be modified after it is entered?
Yes, if circumstances change significantly — such as a major change in either parent's income, a change in the child's academic status, or the child's decision to change schools. Modifications require a petition to the court.
What happens if a parent refuses to pay court-ordered college expenses?
Failure to comply can result in contempt of court, wage garnishment, attorney fee awards, and other enforcement remedies. If a parent refuses to pay, the other parent or the child can file a petition for enforcement with the court.
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