For many parents in Chicago, Skokie, and throughout Cook County, one of the most complex and frequently misunderstood issues in family law is whether they are required to contribute to a child’s college expenses after the child reaches adulthood. Unlike standard child support, which typically ends when a child turns 18 or graduates from high school, Illinois law allows courts to require parents to contribute to post-secondary education costs under certain circumstances.
This obligation arises under Section 513 of the Illinois Marriage and Dissolution of Marriage Act, commonly referred to as Section 513 college support or Illinois non-minor educational expenses. This statute gives courts the authority to allocate college-related expenses between parents, even after the child is no longer a minor.
For parents navigating divorce or post-decree modifications in Chicago, Skokie, and surrounding Illinois suburbs, understanding how Section 513 works is essential. This guide provides a comprehensive explanation of the law, the factors courts consider, and how these obligations are enforced in Cook County.
Section 513 allows Illinois courts to order one or both parents to contribute to a child’s post-secondary educational expenses. These are commonly referred to as non-minor educational expenses because they apply after the child has reached the age of majority.
Unlike traditional child support, which is based on statutory guidelines, Section 513 is discretionary. This means the court is not automatically required to order college support. Instead, it evaluates each case individually based on statutory factors.
Courts in Cook County, including those in Chicago and the Skokie courthouse in the Second Municipal District, frequently handle these petitions as part of divorce proceedings or post-judgment modifications.
Standard child support in Illinois generally ends when the child turns 18 or graduates from high school, whichever occurs later. However, Section 513 creates a separate and distinct obligation that may extend well into the child’s college years.
This distinction is critical. Parents should not assume that their financial obligations automatically terminate at adulthood. If a court order is entered under Section 513, those obligations can continue until the child completes their education or reaches the statutory age limit.
The most obvious category of expenses is tuition. Courts may order parents to contribute to tuition costs at accredited colleges, universities, or vocational programs.
In addition to tuition, courts may include fees associated with enrollment, registration, and required academic services.
Housing costs are often included, whether the child lives on campus or off campus. This may include dormitory fees, rent, utilities, and other necessary living expenses.
Courts will evaluate whether the housing arrangement is reasonable and necessary for the child’s education.
Required textbooks, course materials, and supplies are also considered educational expenses. These costs can be significant, particularly in specialized programs.
Courts may require parents to maintain or contribute to the child’s medical insurance while the child is enrolled in school. This is particularly relevant for students who are no longer covered under standard child support provisions.
Transportation expenses, including travel between school and home, may be included. Courts may also consider other reasonable expenses necessary for the child’s education.
Illinois law places a cap on the amount parents can be required to contribute. Specifically, the total obligation cannot exceed the cost of attending the University of Illinois at Urbana-Champaign, including tuition, fees, room, and board.
This cap applies regardless of whether the child attends a private or out-of-state institution. If the chosen school is more expensive, the parents’ obligation is limited to the in-state public university benchmark.
Section 513 generally limits educational support to the age of 23. However, in certain circumstances, the court may extend support until age 25 for good cause.
Good cause may include delays in education due to illness, disability, or other legitimate factors.
To remain eligible for support, the child must typically maintain a satisfactory academic record. Courts often require proof of enrollment and academic progress, such as transcripts or grade reports.
Failure to meet these requirements may result in modification or termination of support.
If the child marries, becomes financially independent, or is no longer actively pursuing education, the court may terminate the obligation.
Courts in Chicago and Skokie evaluate these factors carefully to ensure that support is being used appropriately.
One of the most significant factors is the financial ability of each parent to contribute. Courts examine income, assets, liabilities, and overall financial circumstances.
This includes income from all sources, including wages, investments, and in some cases, workers’ compensation benefits.
Courts also consider the child’s ability to contribute to their own education. This includes:
The goal is to allocate responsibility fairly while encouraging the child to take an active role in funding their education.
Courts often evaluate the standard of living the child would have enjoyed if the marriage had not dissolved. This helps determine what level of educational support is reasonable.
The court may consider the child’s educational plans, including the chosen field of study and the likelihood of completing the program.
Financial aid plays a significant role in determining each parent’s contribution. Courts typically subtract scholarships and grants from the total cost before allocating responsibility.
Student loans may also be considered, although courts often prefer that parents share costs rather than placing the burden entirely on the child.
If the child is employed, their income may be factored into the analysis. Courts expect reasonable contributions from the child when appropriate.
If a parent receives income through workers’ compensation or other non-traditional sources, this may be included in the financial analysis. Courts assess all available resources to ensure a fair allocation of expenses.
Petitions for non-minor educational expenses are typically filed in the Circuit Court of Cook County. For residents of Skokie and the northern suburbs, cases are often heard at the Skokie courthouse in the Second Municipal District.
A parent must file a petition requesting college support before the child reaches the age of majority or shortly thereafter. Waiting too long can complicate the process and may limit the court’s ability to award support.
Navigating Section 513 cases requires a thorough understanding of Illinois law and local court procedures. An experienced Chicago child support lawyer or Skokie divorce attorney can help ensure that all relevant factors are presented effectively.
Support obligations may be terminated if:
In some cases, support may be extended beyond age 23 for good cause. Courts evaluate these requests carefully, considering the specific circumstances of the case.
There is no legal obligation to financially support a child through college in the state of Illinois when there is no court order. However, courts may order parents to contribute to their child’s education if the parents are able to do so (assuming the parents are divorced or unmarried). The level of support ordered by the court will likely be based on the parents’ income and assets, as well as the child’s educational expenses. Courts generally look at factors such as the child’s age, relationship to the parent, and academic ability when making a decision about whether to order financial assistance.
The dependent category for college tuition payment in Illinois refers to students who are 22 years of age or younger. Students who are 23 years of age or older are considered independent for tuition payment purposes. This means that they are responsible for paying their own tuition, as opposed to their parents or guardians. There are a few exceptions to the Illinois educational expense laws (750 ILCS 5/513), such as for “good cause shown.”
If a court order is entered, compliance is mandatory. Refusal to pay can result in enforcement actions, including contempt proceedings.
Support may be terminated if the child is no longer enrolled or fails to meet academic requirements.
Yes. Changes in financial circumstances or the child’s situation may justify modification.
Not necessarily. Contributions are based on each parent’s financial ability and other statutory factors.
Section 513 of the Illinois Marriage and Dissolution of Marriage Act creates a unique and often complex framework for college support. For parents in Chicago, Skokie, and throughout Cook County, understanding these obligations is essential to making informed decisions.
If you are facing questions about Illinois non-minor educational expenses or need guidance on Section 513 college support, it is critical to seek experienced legal counsel. These cases involve detailed financial analysis, statutory interpretation, and strategic advocacy.
Contact our knowledgeable Chicago child support lawyer or Skokie divorce attorney today at (312) 360-0250 to schedule a consultation. With the right legal guidance, you can protect your financial interests while ensuring that your child’s educational needs are addressed appropriately.
