Who Pays for College After a Divorce in Illinois?

 Posted on February 19, 2025 in Divorce

Planning for a child's college education can be challenging, especially after a divorce. Many divorced parents may wonder whether they are legally obligated to contribute to college expenses and how courts handle these responsibilities. Unlike child support, which typically ends when a child turns 18 or graduates high school, Illinois law allows courts to order parents to pay for college costs. If you have questions about how this will impact your post-divorce arrangements, an experienced Illinois family law attorney can help you navigate your rights and responsibilities regarding college expenses.

Are Divorced Parents Required to Pay for College in Illinois?

Illinois law gives courts the authority to order divorced parents to contribute to their child's college expenses. A judge can require one or both parents to help pay for tuition and fees, books and school supplies, housing (whether on-campus or off-campus), reasonable living expenses, and medical expenses, including health insurance.

This law applies only to unmarried children under the age of 23, although a judge may extend the obligation to age 25 in certain situations. Parents cannot be ordered to pay for private university tuition that significantly exceeds the cost of in-state tuition unless they agree to do so. Courts use the University of Illinois at Urbana-Champaign’s in-state tuition as a benchmark for determining reasonable costs.

How Do Courts Decide College Expense Obligations?

When determining how much each parent must contribute, courts will review several factors, including:

• Each parent's financial resources

• The child’s financial resources, such as scholarships and grants

• The child’s academic performance

• The standard of living the child would have had if the parents had remained married

Unlike child support, which follows strict calculation guidelines, college expense obligations are based on the court's discretion. This means that outcomes can vary depending on the circumstances of each case.

Can Parents Reach Their Own Agreement on College Costs?

Divorced parents can negotiate their own support agreements regarding college expenses. Some divorce settlements may include provisions that outline how tuition, housing, and other costs will be divided. Parents who do not have a prior agreement can work together to create a plan, which the court can then approve. Mediation or negotiation with the help of a family law attorney can help divorced parents reach a fair arrangement.

What Happens If a Parent Refuses to Pay?

If a parent does not contribute despite a court order, the other parent or the child may take legal action to enforce the obligation. The court can hold the non-paying parent in contempt, which may lead to wage garnishment, fines, or other penalties.

How Can Parents Plan for College Costs After Divorce?

Divorced parents can prepare for college expenses and avoid disputes by taking steps such as:

• Including College Expenses in the Divorce Agreement: Addressing college costs during the divorce process can prevent confusion and future legal battles.

• Opening a College Savings Account: A 529 plan or other savings account can help parents save funds for tuition and other costs.

• Discussing Financial Aid Options: Encouraging the child to apply for scholarships, grants, and work-study programs can reduce the financial burden for parents.

• Maintaining Open Communication: Regular discussions about college expenses can help parents stay on the same page and adjust plans as needed.

Contact a Kane County, IL Divorce Lawyer

College expenses can be a major concern for divorced parents, but a Geneva, IL family law attorney at The Law Offices of Douglas B. Warlick & Associates can provide guidance. If you need help negotiating college costs or enforcing a support order, contact us at 630-232-9700 to discuss your situation and explore your legal options.