What Happens If Your Ex Stops Paying College Expenses After Divorce?

Sending a child to college is a significant financial undertaking. In Illinois, divorce courts have the authority to order parents to contribute to their children’s post-high school educational expenses. When a former spouse stops paying these court-ordered expenses, it creates immediate financial strain and emotional stress.

Under Illinois law, specifically Section 513 of the Illinois Marriage and Dissolution of Marriage Act, these obligations are enforceable. Understanding your legal options is the first step toward securing the support your child deserves.

The Section 513 Enforcement Process

In Illinois, support for non-minor children, including college expenses, is governed by Section 513. If your divorce decree or Allocation Judgment includes a provision for college contribution, that provision is a binding court order, not a suggestion. When a parent fails to pay their share of tuition, room, board, or other agreed-upon costs, they are violating a court order.

To enforce this, you must typically file a petition in the domestic relations court. The court views these educational expenses as a form of support, and failure to pay is treated with the same seriousness as failure to pay child support for a minor.

Proving College-Related Expenses

Before appearing in court, you must have concrete evidence of the expenses incurred. You cannot simply state that money is owed; you must prove the exact amount. Essential documentation includes:

• Tuition Bills: Official statements from the university bursar showing charges and payments.
• Housing Contracts: Leases or dorm contracts proving room and board costs.
• Receipts for Books and Fees: Proof of purchase for required course materials and mandatory university fees.
• Proof of Enrollment: Transcripts or schedules showing the student is maintaining the required grade point average (often a “C” average or better) and academic standing required by Section 513.

Filing a Contempt Motion

If the non-payment is willful, meaning your ex has the ability to pay but chooses not to, your attorney may file a Petition for Rule to Show Cause. This asks the court to hold the non-paying parent in contempt of court.

In a contempt proceeding, the burden of proof shifts. Once you prove the order exists and payments were missed, the non-paying parent must explain why they should not be held in contempt. If the judge finds the violation was willful, the consequences can be severe, ranging from wage garnishment to, in extreme cases, jail time until the purge amount is paid.

Modification vs. Enforcement Remedies

It is important to distinguish between enforcing an order and modifying one.

• Enforcement: You are asking the court to compel payment of what is currently owed under the existing agreement.
• Modification: If financial circumstances have changed significantly, such as a job loss or disability, a parent might seek to modify the obligation for future payments.

Crucially, a parent cannot simply stop paying because their income dropped; they must file a motion to modify. Until the court changes the order, the original obligation stands, and arrears will continue to accrue.

Recovering Attorney Fees and Interest

Illinois law provides protection for the parent who is forced to go to court to collect unpaid support. If the court finds that the failure to pay was without “compelling cause” or justification, Section 508(b) mandates that the non-compliant parent pay the other party’s attorney fees.

Additionally, unpaid support obligations, including college expenses, typically accrue statutory interest. This ensures that the non-paying parent does not financially benefit from delaying payment.

Securing Your Child’s Future

When a co-parent ignores their financial obligations, it jeopardizes your child’s education and your own financial stability. However, the law provides robust tools to enforce these agreements. By gathering your evidence and acting promptly, you can hold your ex-spouse accountable. Schedule a consultation with WARD FAMILY LAW, LLC to get the legal help you need.