Who Pays for a Child's College Expenses in an Illinois Divorce?

 Posted on May 27, 2026 in Child Support

Illinois is one of the few states where a court can order divorced parents to contribute to their child's college education. If you're going through a divorce in 2026 and your child is approaching college age, this is an important financial issue to address before your case is finalized. A St. Charles, IL divorce lawyer can help you understand what Illinois courts can order regarding children over 18.

Why Can Illinois Courts Order Divorced Parents to Pay for Their Child’s College?

Under 750 ILCS 5/513, an Illinois court may order either or both parents to contribute to a child's post-secondary education expenses. This can include tuition, housing, books, supplies, medical insurance, and other reasonable costs. Illinois courts prefer that the parents’ divorce not interfere with a child’s academic opportunities. This applies even after regular child support has ended. The obligation is separate from and independent of child support.

These orders can also include on or off-campus housing, a standard meal plan, medical and dental expenses, and supplies. The court can require both parents to complete the FAFSA, as well as other financial aid forms. It can also order contributions toward up to five college application fees, ACT or SAT exam fees, and one test prep course.

The obligation doesn't extend to graduate school, law school, or medical school. For standard college or vocational training, expenses must generally be incurred before the student's 23rd birthday. However, a court can extend to age 25 with good cause.

Can Anyone Be Ordered to Pay College Fees?

Courts will not order all divorcing parents to pay for college fees in their divorce decree. Not every child ends up going to college, and not all who do get financial help from their parents. One or both parents must petition the court to order the payment of college-related expenses. Otherwise, the issue will be left for the parents to work out between themselves.

How Does the Court Decide How Much Each Parent Pays Toward College Fees in Illinois?

Courts consider four specific factors when allocating college expenses:

• The present and future financial resources of both parents, including retirement savings

• The standard of living the child would have had if the marriage had not ended

• The financial resources of the child, including any assets in their name

• The child's academic performance

Courts cap the amount parents can be ordered to contribute at the amount it would cost to pay tuition, fees, room, and board at the University of Illinois Urbana-Champaign. You and your spouse can agree to pay more if your child goes to a more expensive school, but the court can’t mandate the extra cost.

The child's own resources are also accounted for. The court factors in whether a student has significant savings, a college fund in their name, or substantial financial aid. The court can also require the child to apply for all available grants and scholarships before ordering parental contributions.

What Happens if an Illinois Divorce Judgment Doesn’t Address College Expenses?

If your divorce judgment doesn’t address college expenses, or if it "reserves" the issue for later, no obligation has been established. This can cause difficulties for parents who want their ex-spouse to contribute to the child’s education costs but don’t have a court order to enforce it.

Either parent can file a Petition for Contribution to Post-Secondary Educational Expenses when needed. However, the obligation only takes effect from the date of filing. There's no retroactive payment. If your child has already started college without you filing, you can't order your spouse to pay for prior semesters.

If college expenses will be a concern and your divorce is being finalized, addressing this now through a negotiated agreement or a court order avoids a rushed or disputed filing later.

Can Court-Ordered College Expenses Be Modified or Terminated in Illinois?

College expense orders can be modified under some circumstances. Under Illinois law, the obligation to pay ends if the child fails to maintain a cumulative C grade average. However, the court will consider if illness or another valid cause is cited.

These orders also terminate if the child marries, turns 23 (or 25), or if the parents and child agree otherwise. The obligation does not end if the child enlists in the military, becomes incarcerated, or becomes pregnant.

If a parent's financial circumstances change significantly after an order is entered, they can petition the court to modify the contribution amount. The requirements are similar to the process for modifying child support orders.

Call a Kane County, IL Child Support Lawyer Today

If you're unsure about the process of getting court-ordered college payments, speak to one of our St. Charles, IL family law attorneys. Shaw Sanders, P.C. offers free consultations and approaches cases with a focus on mediation whenever possible. Still, we are fully prepared to litigate aggressively in court when the situation calls for it. Call us at 630-584-5550 to schedule your free consultation today.