Family & Safety

Fill out and sign the forms listed below. Make three copies of each form.

• Petition for Educational Expenses: Use this petition to ask the court to order the other parent to pay educational expenses for a non-minor A person under 18 years old child in Cook county
• Notice of Motion: Tells the other parent that you filed a Petition for Educational Expenses
• Financial Affidavit: Use this program to help you complete a Financial Affidavit

You will also need four copies of one of the following (whichever is most recent and whichever applies):

• Judgment An official decision by a court that ends the dispute between parties of Dissolution of Marriage Divorce
• Order of Parentage The relationship between a parent and a child
• Child Support Order A decision by a court telling a parent to pay child support

If you do not have money to pay court fees, you should also fill out the below application:

• Application for Waiver of Court Fees: Asks the court to participate in the court case for free if you do not have money to pay the court filing fees.

Now that you have filled out your forms, choose the most recent of the following that applies: 

• Judgment An official decision by a court that ends the dispute between parties of Dissolution of Marriage Divorce  
• Order of Parentage The relationship between a parent and a child
• Child Support Order A decision by a court telling a parent to pay child support

Attach one copy of the document you choose to the original and to each copy of the Petition for Educational Expenses.

Now that you have filled out your forms, you need to file them with the appropriate circuit clerk. You will need to electronically file ("e-file") them unless you have an exemption. 

Do this at the courthouse in the county where the original Child Support Order A decision by a court telling a parent to pay child support was entered. You may be able to file your Petition (noun) A written request to a court (verb) To request from a court in a different judicial circuit if neither you nor the other parent lives in the judicial circuit where the original case was filed. Then you can file your Petition in the original case or in the Illinois judicial circuit where either of you now lives. It is a good idea to talk to a lawyer Someone who represents clients in courts or who gives legal advice if you want to file your petition in a different judicial circuit than where your case was originally filed. 

There are fees to file many court forms, especially when starting a case. Fees are different from case to case and county to county. Contact the circuit clerk to find out about their fees. Many circuit clerks list their fees on their website. 

If you qualify, you can get a fee waiver. A fee waiver allows you to file for free, or at a reduced cost.

Now that you have filled out your court forms, file your documents online via e-filing, or in person, if you qualify for an exemption from the Illinois e-filing mandate. If you do not have access to a computer or a scanner, you can use a public terminal to e-file your forms at the courthouse. See E-Filing Basics for more information.

How you will find out about the court date (or hearing When the parties in a case present their sides of a case to a judge or other officer date) and time depends on how you filed your case.

• E-filing: The website you used to electronically file may let you pick your court date (or hearing date) and time. If it does not, contact the clerk.
• Paper filing: If you filed in person at the courthouse, the clerk may let you pick or they may pick for you.

After filing, you must notify the other parent about your Petition (noun) A written request to a court (verb) To request from a court . You will need to:

• Mail a file-stamped copy of your Petition to the other parent;
• File a Certificate of Mailing of Petition for Educational Expenses with the circuit clerk The office that takes care of files and documents for circuit court cases certifying the date you mailed it and the address where you mailed it; and
• Mail a file-stamped copy of the Certificate of Mailing to the other parent.

Prepare your testimony Evidence given orally by witnesses using the Petition (noun) A written request to a court (verb) To request from a court for Educational Expenses as your guide. You will need to testify To answer questions under oath about the facts in your Petition for Educational Expenses, including:

• What are your child’s educational expenses; i.e., tuition, books, lab fees, room and board, living expenses, health insurance premiums Money that must be paid every month, such as for health insurance , medical bills, transportation expenses to and from home to campus, etc.
• Why your child needs the other parent's support
• Why you cannot pay for all of your child's educational expenses
• Why you think the other parent has the money to contribute to your child's educational expenses
• What financial resources are available to your child; i.e. scholarships, stipends, work-study, etc.
   

You will also need to testify about whether you are requesting that the other parent pay for all of your child's educational expenses or a part of your child's educational expenses. You will also need to testify if you are requesting that the other parent reimburse you or your child for educational expenses that have already been paid.

In most Illinois counties, the judge will ask you to complete a Financial Affidavit before the court hearing When the parties in a case present their sides of a case to a judge or other officer date where you present your evidence Anything used to show that something is true .

These forms ask for information about your income, assets Anything a person owns that has financial value , and monthly expenses for yourself. Many circuit clerk The office that takes care of files and documents for circuit court cases offices have blank financial affidavits for you to fill out and file.

Once you fill it out, file it with the circuit clerk and send a copy of it to the other parent. Also make sure you file a proof of service A form that explains how court papers were given to someone in a court case with the circuit clerk showing that you sent a copy of the financial affidavit to the other parent.

You should have received a court date and time on the written notice from the circuit clerk. If you cannot find your court date and time, call the circuit clerk.

It is important to follow the below suggestions when going to court:

• Get to the courthouse at least 30 minutes before your hearing When the parties in a case present their sides of a case to a judge or other officer time. Go to the courtroom listed on your court forms. If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the circuit clerk
• Check in quietly with the courtroom staff and wait for your name and case number A number assigned to a case that is on every paper filed in the case to be called
• When your case is called, walk up to the judge and introduce yourself. Briefly tell the judge what you want out of the case. After listening to you and the other side, the judge will let you know what happens next
• Always refer to the judge as “Your Honor.”
• Bring copies of all the documents you filed and any papers relating to what you are requesting
• The judge may ask you about your case. To testify To answer questions under oath , you will need to call yourself as a witness A person who answers questions in court under oath . The judge or the judge's clerk will put you under oath and you will present your testimony Evidence given orally by witnesses .
• You may wish to consider requesting your child to appear in Court to explain to the Judge what her/his educational goals are, efforts made by him/her at obtaining financial assistance such as scholarships, grants, stipends, work-study, and to explain what the ongoing financial need is for the child.

When you testify, your testimony should include at least some of the following:

• Your name and address
• The other parent's name
• The name and birthdate of the child for whom you are requesting educational expenses
• Where the child attends school
• How much the school costs
• What other educational expenses your child incurs, i.e., books, lab fees, required school supplies
• How much you have already paid toward your child's educational expenses
• How much your child has contributed to his or her educational expenses
• Where the money has come from that you have contributed and where the money has come from that your child has contributed
• Evidence Anything used to show that something is true of your child's grades both while in high school and in his or her post-high school education if you are requesting post-high school educational expenses
• Why it is necessary for your child to continue their high school education after turning 18 or why it is important for your child to attend post-high school education if you are requesting post-high school educational expenses
• Why you or your child needs the other parent to help pay for educational expenses
• Why the other parent is able to help pay
• About how much the other parent should contribute to your child's educational expenses

You should also bring to court any evidence that you have to prove your case. Useful evidence that can help you prove your case includes the other parent's:

• Tuition statements
• Receipts or statements for expenses related to your child's educational expenses
• Receipts or statements that show how much you and your child have already paid
• Financial aid award reports
• Your child's grade reports
• Proof of enrollment of your child
• Evidence of how much money the other parent makes

If this is your first time going to court, learn more about the process of Going to court in Illinois. 

If your Petition (noun) A written request to a court (verb) To request from a court for Educational Expenses is granted, the judge will issue an order stating what amount or percentage each parent needs to contribute as well as whether the child is also required to contribute to their educational expenses.