For divorced parents, figuring out who pays what can be a major source of stress
With the rising cost of higher education, parents of teens are always concerned about how to pay for college for their children, and divorced parents are no exception.
Divorce makes paying for all of a child’s expenses more complicated, but college is a particularly massive expense, and it’s only growing. According to U.S. News, tuition and fees at the average private college in the United States are just under $45,000 per year, with public colleges running about $11,000 for in-state students and $25,000 for out-of-state students. And that’s just tuition and fees, to say nothing of housing, food, textbooks, transportation, and so on.
Because college is such a massive expense, and because that expense almost always comes after the child reaches the age of majority, there are specific rules pertaining to paying for higher education. Here’s what you need to know.
Illinois law allows the court to order divorced parents to pay for college expenses
Generally, child support orders are modified or terminated when the child turns 19 or graduates from high school. However, Section 513 of the Illinois Marriage and Dissolution of Marriage Act also kicks in at the same time, and that state law has specific provisions for court-ordered payments for higher education. Essentially, the court can divide the cost of covered expenses, including tuition, fees, housing, books, and sometimes other college-related expenses, between the divorced parents and the adult child.
Some of the factors the court will take into account when dividing educational expenses include:
- Both parents’ income and financial resources. This is often the most important factor; the court wants to ensure that paying for college won’t create an unfair hardship for the parents.
- The child’s financial resources, including scholarships and other forms of financial aid.
- The standard of living the child would have had if the parents had remained together.
- The child’s academic performance and goals.
In addition, the law sets a maximum, based on the in-state cost of attendance at the University of Illinois at Urbana-Champaign (UIUC). In general, the court will not award more for tuition and fees than the cost of in-state tuition and fees at UIUC, and likewise will not award more for housing than the cost of a double-occupancy dorm room with a standard meal plan at UIUC. The court may award more, however, if good cause is shown.
The court can also modify its order if either the parents’ financial situations or the child’s educational expenses and goals change.
Talk to an experienced divorce attorney about the cost of higher education
As with all aspects of a divorce with children, paying for educational expenses is always negotiable between the parents. The law sets a baseline, but you are free to come to a different arrangement, and the court will normally approve it as long as it is not obviously unfair to either parent. That’s why talking to an attorney who knows the law, the courts, and the process is so important.
If you are going through a divorce with a near-college-age child or need help adapting your existing divorce and child support order to pay for college expenses, our law firm can help. Contact Courtney Clark Law P.C. today to speak with an experienced divorce lawyer.
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