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Where can a parent learn more about child support generally?
To learn more about the basics of child support, you can read Child support common questions.
Can parents of children 18 years or older be ordered to pay for college expenses?
Yes. In Illinois, either the parent or the child may be ordered to pay for college educational expenses. In deciding support, the judge looks at such factors as:
- The financial resources of both parents;
- The standard of living the child would have enjoyed had the parents not divorced;
- The financial resources of the child; and
- The child's academic performance.
Does the judge have to order college educational expenses to be paid?
No. It is up to the judge. An order awarding college educational expenses will depend on the facts of the case and will also depend on whether the receiving parent can prove their case to the judge.
The receiving parent will need to prove:
- The expenses they want to be paid;
- Their financial situation; and
- That the paying parent has sufficient money to help pay for the child's educational expenses.
What are college educational expenses that can be paid?
College educational expenses can include (not a complete list):
- Tuition
- Fees
- Room
- Board
- Books
- Registration and application costs
- Medical expenses, including medical insurance
- Dental expenses
- Living expenses during the school year and periods of school breaks
Is there a limit on the college educational expenses to be paid?
There is a cap on certain college expenses that can be paid. The cap applies to tuition, fees, room, and board. A paying parent will not be ordered to pay for educational expenses over this cap. The dollar amount of this cap is the cost for an in-state student at the University of Illinois at Urbana-Champaign for the same academic year.
How long will the child support for college educational expenses continue?
A parent's obligation to pay college educational expenses ends if:
- The child fails to maintain a "C" grade point average;
- The child turns 23;
- The child completes their degree; or
- The child marries.
A judge could also end the support if the child does not provide the paying parent access to their academic record.
When asking for a college educational expense order, do the parents and child have to provide information on their finances to the judge?
Both the child and the parents may be required to provide information on their finances.
On request of one of the parents, or by the judge's order, each parent may have to provide a Financial Affidavit. These documents cover each parent's income, assets, and expenses. Each parent will need to send a copy to the other parent along with all supporting documents.
How does a parent ask for the paying parent to provide college expenses for their child?
A parent can file a petition asking for college educational expenses be paid by the paying parent for their child.
Can a parent be reimbursed by the paying parent for college expenses they’ve already paid for their child?
In some circumstances, yes. If the paying parent was already ordered to contribute to the child's school expenses and is not doing so, the receiving parent can file a petition to enforce the prior court order.
However, the judge might not order reimbursement for expenses paid before the parent has filed the Petition for Educational Expenses with the circuit clerk. A receiving parent should file a petition to ask the paying parent to contribute as soon as possible after the child either:
- Decides their post-high school education plan or
- Continues with their high school education after turning 18
Should you get a lawyer to help you obtain college educational expenses for your child?
You may want to get a lawyer to help you with getting help with college educational expenses from the other parent. You can use Get Legal Help to find a free legal aid organization or private lawyer near you.
Worried about doing this on your own? You may be able to get free legal help.