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IL family lawyerIf you are currently divorced or soon will be, you probably have questions about the financial implications of your divorce. One issue that many divorced parents are concerned about is their child’s college expenses. The average tuition for an Illinois public college is just under $5,500 a year. For out of state schools, tuition can be upwards of $20,000 a year. The average cost for a private college education in Illinois is almost $30,000 a year. Understandably, most parents experience “sticker shock” when they realize how expensive their child’s college education will likely be. They may also wonder how this cost will be divided between them and their child’s other parent.

Allocation of College Tuition for Unmarried and Divorced Parents

As with many other child-related matters, divorced or unmarried parents in Illinois have the opportunity to determine their own arrangements for financing their child’s college education. If parents cannot reach an agreement, the court may intervene. Parents’ financial responsibility for their child after he or she has turned 18 and graduated high school is referred to as “non-minor support.” Typically, parents are only responsible for non-minor support during the child’s undergraduate degree.

Factors Considered by Illinois Courts

Illinois judges have the authority to allocate college expenses between parents who are unmarried or divorced. These expenses may include costs related to tuition and fees, on-campus or off-campus housing, textbooks, and healthcare. If a child is living with one of his or her parents while he or she attends college, the parents may still be jointly responsible for costs related to transportation, food, and utilities. Unlike child support, there is no statutory formula for determining college expenses in Illinois. The amount each parent must contribute to the child’s college tuition and living expenses is at the judge’s discretion. Courts consider the following factors when determining how to allocate college costs:

  • Each parent’s financial resources
  • The child’s financial resources
  • The standard of living the child would have experienced if the parents were married
  • The child’s academic performance

Illinois law uses the present costs of tuition, fees, and housing at the University of Illinois, Champaign / Urbana to set the maximum amount of money a parent can be required to contribute to their child’s college education. The parents’ obligation terminates if the child does not maintain at least a “C” average or turns 23 years old. Upon good cause, such as the child’s medical problems or military service, the parent’s obligation may be extended until the child’s 25th birthday.

Contact a Kane County Child Support Lawyer

If you are unmarried, divorced, or considering divorce, contact Shaw Family Law, P.C. for help with issues related to child support, the allocation of college expenses, and much more. Schedule a cost-free, confidential consultation with a knowledgeable St. Charles family law attorney by calling our office at 630-584-5550 today.

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