Courts can require that parents contribute to educational costs of their children in certain situations. Most often, this relates to college or trade school expenses, or even when a child is 19 but still in high school. 750 ILCS 5/513 addresses when such orders may be entered.
The educational expenses addressed in the statute involve those “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.” Each parent and the child can be ordered to complete FAFSA and other grant/scholarship applications.
The most common expenses for which parents can be obligated to pay include up to 5 college application costs, 2 entrance exams, 1 college prep course, tuition, fees and housing not to exceed in-state costs at the University of Illinois for the same year, medical and dental insurance and expenses, books and supplies, certain food, utility costs and transportation.
Courts can order the payments to be made to the child, either parent, the school or into a special account. Consents can be ordered to be executed to allow parents access to academic transcripts and grade reports, unless the court finds that the child’s safety would be jeopardized. A cumulative “C” gpa must be maintained unless good cause is shown. A baccalaureate degree, marriage and/or reaching the age of 23 (unless the court sets a different age up to 25) terminates the parent obligation to contribute.
The current law indicates that no educational costs incurred prior to the filing of a petition in court can be ordered to be paid by a parent. In other words, if one parent pays the expense then later files for the other to reimburse, it will likely be denied.
An order requiring the payment of educational expenses for a child is not guaranteed. Unlike child support, there is not a formula for calculating the amount each party pays. It often involves an evaluation of how much each party can afford to pay toward the expenses, taking into consideration what the child can afford to pay as well.
