Can My Parenting Plan Require Me to Pay My Child’s College Tuition?

 Posted on August 20, 2020 in Family Law

College is undoubtedly one of the most expensive investments that you will ever make. As college and university tuition prices continue to rise, it may seem impossible to help pay for your child’s tuition. When couples decide to have kids, oftentimes they will create a separate savings account that will be used towards their children’s tuition. However, the steady increase of tuition costs and the day-to-day costs of raising a child can leave these accounts inadequate to cover the child’s costs as they settle on which college or university to attend.

For divorcing parents, things become even more complicated. In Illinois, divorced parents are required to create a parenting plan that outlines the details of parental responsibilities, parenting schedules, and child support obligations. Unlike some other states, Illinois law addresses the topic of costs associated with college, requiring many parents to help fund their child’s education.

Educational Costs

As a parent reviewing your child’s post-high school options, you may be intimidated by the cost of college. In order to give children with divorced parents the same financial support as those whose parents are still married, a family court judge can require you to assist with the following costs. Because state schools are typically more affordable than private institutions, Illinois law uses the University of Illinois at Urbana-Champaign (U of I) as its reference point.

1. The costs of the child’s tuition and fees, as long as it does not exceed the amount of in-state tuition and fees for a U of I student for that academic year.
2. The costs of the child’s housing fees, both on-campus or off-campus. This cannot exceed the cost of a residence hall double-occupancy room, with a standard meal plan, at U of I.
3. The actual costs of the child’s medical expenses, including medical insurance and dental costs.
4. The cost of books and academic supplies required for their courses.

The costs listed above can be ordered to be paid by the child or the parents. The court will likely divide up the costs between all three parties as they see fit, based on each parent’s income and financial situation. Some parents may be concerned about their financial obligations if their child fails to actively participate in academics. In other words, if their child continues to fail their courses, are they still obligated to pay for their child’s education? Illinois law includes a stipulation which states that the child must maintain a cumulative “C” grade point average for their parents’ financial assistance to continue to be required.

Contact a Lombard Family Law Attorney

Have you been mandated to help fund your child’s education while your co-parent sits idly by? In some cases, divorced parents may have created a college fund while married, and the custodial parent is using these combined funds while the non-custodial parent is being forced to pay even more money. At Mevorah & Giglio Law Offices, we have dealt with numerous clients who are against their child’s academic decisions, cannot afford to help pay for tuition, or simply find their financial requirements to be unfair. Our legal team is prepared to take on your case and have your opinion heard by the court. For help with your case, contact our DuPage County family law attorneysy at 630-932-9100 to schedule your free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59