Who Pays for College?
Which parent will pay for college? It depends! Unlike other support calculations, there is no formula in the law for allocating college; instead, there are factors the court considers. This is typically decided in a child’s senior year of high school or perhaps when the child already begins college. Unless parents agree otherwise, it is not usually decided at the time a divorce judgment is entered, in light of the future unknowns.
What is included in college expenses? Tuition, room and board, book fees, registration, application fees, health insurance, medical or dental expenses, and other costs required by the university will be included under the umbrella of college expenses.
What are the limitations? College expenses only involves a child’s attainment of a bachelor’s degree. The child must be a full-time student and maintain at least a "C" grade average. In most cases this obligation to pay will exist until a child's 23rd birthday. However, it can be extended to 25 if good cause is shown. A cap exists that sets the maximum amount of college contribution to equal the cost of expenses if the child were to attend the University of Illinois. If the expenses exceed that amount, the obligation will not require a parent to pay the additional costs.
What happens if parents do not agree? The Illinois courts have the authority to order parents to pay college costs.
What are the factors? The judge will consider the following factors in determining who will pay college expenses: (1) The present and future financial resources of both parents to meet their needs, including savings for retirement; (2) The standard of living the child would have enjoyed had the parties’ marriage not been dissolved; (3) The financial resources of the child; (4) The child’s academic performance; and (5) Any other factors the court deems relevant.
Does language in your divorce decree matter? Absolutely - how far back the court can go back (if your child has already started college) depends upon whether there was a blanket reservation for college costs, typically with the work “may” or if there is the word “shall,” which allows the court to go back to the start of college.
The Law Office of Erin M. Wilson is here to help you with your questions and concerns about who will pay for college expenses. If you have minor children, Erin can help you actively plan for the future by drafting a parenting agreement that will protect you from any future unwanted expenses. If the issue is more pressing, and your child nearing college age or in college currently, Erin is able to address the issue now. If there is no agreement, Erin can assist in making one that supports your needs. If an agreement already exists, Erin can support you in enforcing or fighting to change the current agreement.
NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.