How Long Am I Liable for Children’s College Expenses?
By: Gordon & Perlut, LLC
Whether you are going through a divorce or a split from your child’s other parent, you should know that the Illinois Marriage and Dissolution of Marriage Act (IMDMA) allows a court to award college expenses to your child. The statute says the court can “award sums of money out of the property and income of either or both parties for the educational expenses of any child of the parties.”
The amount of educational expenses for a non-minor child is limited to specific amounts, and they cannot continue indefinitely. A parent’s responsibility for children’s college expenses only extends until the child reaches a certain age or when other conditions have been met.
Generally speaking, if you are getting divorced and you have minor children from your marriage, you should anticipate the court may order you to contribute to the child’s college or university expenses even after the child reaches the age of majority. Yet you are not responsible for these costs forever. Our child support lawyers in Skokie and Chicago can tell you about when your obligations to pay college expenses for your adult child will cease.
In general, a parent’s obligation to pay for college expenses stops when the child turns 23 years old.
While a court can order a parent to contribute to a child’s college expenses, the parent’s obligation to pay for college costs and expenses terminates if the child fails to maintain a cumulative grade point average (GPA) of at least a “C,” which is a 2.0 GPA at most colleges and universities. However, there is an exception if the child suffered from an illness or can show that there was another good cause for his or her inability to maintain a cumulative “C” grade point average.
When the child receives a baccalaureate degree (i.e., a bachelor’s degree), the parents’ obligation to pay college expenses ceases.
If your child gets married while you are paying college expenses, your obligation to pay for college expenses terminates.
You should know that the IMDMA explicitly identifies some situations in which you might think your obligation to pay for your child’s college expenses would cease, but that obligation actually does not stop. To be clear, you are still responsible for your child’s college expenses if or when any of the following scenarios arise:
In most states, there is no automatic legal requirement for divorced parents to pay for their child’s college education. Child support typically ends when the child reaches the age of majority—usually 18 years old or upon high school graduation. However, some states allow courts to order contributions for college expenses. These include Illinois, New York, New Jersey, Massachusetts, and Oregon. In these jurisdictions, judges may consider factors such as parental income, the child’s academic performance, and the standard of living during the marriage.
Yes, and this is often the best way to ensure clarity and fairness. Parents can negotiate and include specific provisions in their divorce decree or parenting plan that outline who is responsible for tuition, room and board, books, travel, and other related expenses. These agreements may also set limits, such as capping contributions at the cost of in-state public tuition or requiring the child to maintain a certain GPA.
Generally, child support is intended for minor children, not college-aged dependents. However, if the divorce agreement clearly states that support continues through college or includes educational expenses, then it may apply. Without such provisions, parents may need to renegotiate or seek a court modification to extend support.
If there is a court order or mutual agreement regarding expenses, they are typically divided based on each parent’s financial ability. This could result in a 50/50 split or a proportional division based on income. Some agreements may also take into account scholarships, financial aid, or the child’s own earnings. Courts aim to avoid placing an undue burden on either parent, especially if one has a significantly lower income or other dependents.
If college expenses are part of a binding agreement or court order, the refusing parent may face legal enforcement actions, which could include wage garnishment or contempt proceedings. If no agreement exists, the custodial parent may need to petition the court for a modification or a new order.
Yes. Some parents choose to set aside funds in a trust or escrow account during the divorce process to ensure that money is available when the child enrolls in college. This can help prevent future disputes and provide peace of mind for both parents and the student.
If you have any questions or concerns about your obligation to pay college expenses for your adult child, you should get in touch with one of our Chicago child support attorneys as soon as possible by calling 312-360-0250. Do not hesitate to seek our advice about managing college expense obligations or any other child support obligations under Illinois law. Contact Gordon & Perlut, LLC today for more information about how we can assist you.