Under 750 ILCS 5/513, an Illinois court can order divorcing parents to help pay a child’s college costs, generally capped at the in-state cost of attendance at the University of Illinois. The obligation to contribute to a child’s college costs typically ends upon the child’s 23rd birthday, graduation, or marriage. Deanna Bowen helps Lake County parents negotiate clear higher education contribution terms during the divorce process.

When going through a divorce, planning for the future is a key part of the process. This includes not only planning for your future, but planning for your children’s futures as well.

While child support generally covers child-related expenses until a child’s 18th birthday (or until the child’s 19th birthday if he or she is still in high school), it generally does not cover college tuition, room, and board. As a result, divorcing parents must address their children’s college costs separately. This generally involves establishing a contribution order under 750 ILCS 5/513.

What 750 ILCS 5/513 Requires — and What It Doesn’t

750 ILCS 5/513 is a provision of Illinois law that specifically addresses divorcing parents’ responsibilities related to their children’s college costs. This provision of the law begins by stating:

“[During a divorce, t]he court may award sums of money out of the property and income of either or both parties . . . as equity may require, for the educational expenses of any child of the parties. Unless otherwise agreed to by the parties, all educational expenses which are the subject of a petition brought pursuant to this Section shall be incurred no later than the student’s 23rd birthday, except for good cause shown, but in no event later than the child’s 25th birthday.”

Thus, while covering college expenses is not a necessary aspect of the divorce process in all cases, divorcing spouses (and judges) can address children’s educational needs during the divorce process when warranted. This is done through the establishment of a “contribution order.” In most cases, parents’ obligation to help cover a child’s college expenses pursuant to a contribution order will end on the child’s 23rd birthday (if the child has not graduated before then), though parents can be required to continue contributing to a child’s college expenses until his or her 25th birthday in some cases.

There are circumstances in which parents’ obligations to contribute to their children’s college costs can end earlier as well—as discussed in greater detail below.

The University of Illinois Cap for Court-Ordered College Expense Contributions

When parents are able to work together during the divorce process, they have a significant amount of flexibility to develop a college cost contribution plan that reflects their unique financial circumstances. However, when parents take their divorce to court, there are limits that apply.

For example, with regard to tuition and fees, 750 ILCS 5/513 provides that, “except for good cause shown,” divorcing parents’ collective mandatory contribution obligations should not exceed, “the amount of in-state tuition and fees paid by a student at the University of Illinois at Urbana-Champaign for the same academic year.” Similarly, the law provides that mandatory contributions for housing costs should not exceed, “the cost for the same academic year of a double-occupancy student room, with a standard meal plan, in a residence hall operated by the University of Illinois at Urbana-Champaign” (except for good cause shown).

The law also provides that certain other educational expenses may be included in a contribution order. Additional expenses that divorcing parents may be required to help cover include:

  • Medical insurance, medical expenses, and dental expenses;
  • Reasonable living expenses during the academic year and periods of recess; and,
  • The cost of books and other necessary educational supplies.

As with all aspects of the divorce process, when dealing with college costs and related expenses, an informed and custom-tailored approach is key. Divorcing parents’ financial obligations can vary widely from one case to the next, and determining your (and your spouse’s) financial obligations will require a detailed assessment of your respective assets and income sources and your children’s specific educational needs.

When a Contribution Order Can Be Terminated or Modified

Contribution orders established under 750 ILCS 5/513 can be terminated or modified in various circumstances. For example, the law provides that parents’ financial obligations will generally terminate if:

  • Their child fails to maintain a cumulative “C” grade point average; or,
  • Their child marries while in college.

The law allows parents to seek to terminate or modify their contribution orders in other circumstances as well. When considering requests for termination or modification, judges take into account factors including:

  • The parents’ respective present and future financial resources;
  • The standard of living the child enjoyed during the parents’ marriage;
  • The child’s financial resources; and,
  • The child’s academic performance.

When developing contribution plans during the divorce process without a court’s involvement, divorcing parents can (and generally should) take these types of factors into consideration as well. By taking a proactive approach and addressing potential issues in advance, divorcing parents can help themselves avoid disputes and the need to seek court involvement down the line.

Timing Matters: Addressing College Costs in Your Divorce or Parenting Agreement

Developing a contribution plan to cover college expenses during the divorce process takes time, and this makes it important for divorcing parents not to save college financial planning until the end. By addressing college expenses alongside the other financial aspects of their divorce, divorcing parents can ensure that they are making informed and confident decisions that will help them maintain financial stability in the years (and decades) to come.

Schedule a Confidential Initial Consultation with Lake County Divorce Lawyer Deanna Bowen

If you have questions about making sure your children’s college expenses will be covered during your divorce, we invite you to get in touch. To schedule a confidential initial consultation with Lake County divorce lawyer Deanna Bowen, give us a call at 847-306-3204 or tell us how we can help online today.