If you are considering a divorce in Illinois and have children, you may have questions that child support lawyers in Chicago can best address. Illinois state law has guidelines to determine what child support payments will be, but the court can decide on a different amount if the situation warrants it. For instance, what happens if the child goes to a pricey private school? Who will pay? It depends, as you will learn below. If you have additional child support questions, Gordon & Perlut, LLC, attorneys can assist and represent you.
Each child has a unique educational situation and needs. During the divorce, the parents may disagree on the type of education that is best for their child. You may be okay with your son going to public school, but the other parent wants him to go to private school.
The decision on every child custody case in the state is made by determining the child’s best interests. This is true whether the private school is brought up during the divorce or later. Some factors the court may consider when deciding between paying for a child’s private school are:
The court will also consider whether the child went to a private school before the divorce. If they did, the court may state that the parents previously agreed that a private school was good for the child. The court may want to avoid taking the child out of a private school previously attended; a stable environment for the child is always a key consideration.
Also, the court could consider each party’s ability to pay for private school tuition. If one parent cannot afford tuition, the court might change how expenses are paid. Or, the child could be changed to a public school. Furthermore, the court could also consider which party supports the idea of the child being in private school. If one party wants it and the other wants public school, the court may consider this when deciding who pays how much.
The bottom line: The decision of whether private school tuition should be in child support payments will be made by the court after considering all relevant factors. Your judge has considerable discretion when making this important decision, although your family history on this issue is very important. This is why it is so critical to have fierce, experienced child support attorneys in the Chicago / Skokie area representing you.
Private school tuition can be one of the most contentious financial issues parents face in a divorce. Whether the child is in elementary, middle, high school, or college, questions often arise about who pays, how much, and under what circumstances a parent can be ordered to contribute. Below are clear answers to the most commonly asked questions about private school tuition responsibility in Illinois following a divorce.
Illinois does not automatically require divorced parents to pay for private school tuition for K-12 children as part of standard child support. Ordinary child support obligations generally end when a child turns 18 or graduates from high school (whichever occurs later). However, courts may include provisions for additional educational expenses, including private school tuition, if the divorce decree or parenting plan specifically addresses these costs. These expenses can be divided by agreement of the parties or by court order if there is a dispute.
For post-high-school education (such as college or vocational programs), Illinois law provides a separate framework under Section 513 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/513). Under this statute, divorced parents can be ordered to contribute to a child’s college tuition, housing, books, and other educational costs — but those orders are distinct from traditional child support and are not automatic.
A court may order one or both parents to share private school tuition when:
Judges will consider the child’s best interests, the financial ability of each parent to contribute, the history of the child’s education (for example, if the child was attending private school prior to the divorce), and whether continuing private education is reasonable given the family’s resources.
Yes. If a parent genuinely cannot afford to contribute to private school tuition, they can present detailed financial information to the court. Judges evaluate each parent’s financial situation, existing obligations, and ability to pay before ordering any educational contributions. A court may modify or limit an obligation if a parent shows hardship.
If parents cannot agree on whether a child should attend private school or how to split the tuition, either parent can ask the court to resolve the issue. The court then considers financial ability, the educational needs of the child, and whether private schooling aligns with the child’s best interests. If the court determines that public schooling sufficiently meets the child’s needs and private school is not necessary, a judge might decide in favor of the less expensive option.
Private school tuition for K-12 students is usually addressed within child support or post-judgment modification, while college and other post-secondary educational expenses are governed by Section 513 of the Illinois Marriage and Dissolution of Marriage Act. Under Section 513, divorced parents may be ordered to contribute to those higher education expenses — including tuition, housing, books, and related costs — up to the cost of attendance at an in-state public university unless the parents agree otherwise. This can continue until the child turns 23 (or 25 in limited circumstances) and is separate from general child support obligations.
Absolutely. One of the most effective ways to manage private school tuition after divorce is to include explicit provisions in the divorce settlement or parenting plan. A well-drafted agreement can clarify:
Agreements that are incorporated into the divorce decree are legally enforceable.
If a parent fails to meet agreed-upon obligations for private school tuition, the other parent can file a motion to enforce the terms of the divorce decree or parenting plan. Courts have enforcement tools such as contempt hearings or wage garnishment when a parent disobeys a valid order.
If you are getting divorced and have children, a common issue can be child support and who pays for private school. Depending on the family situation and expectations about the child’s education, it is possible that the court could decide that a spouse should pay for private school in addition to other child support obligations. If you are in this situation, our Skokie child support lawyers at Gordon & Perlut, LLC, have the experience and skill to represent your interests effectively. Please call (312) 360-0250 today to discuss your child support matter with one of our attorneys.
