How to Handle College Expenses after a Divorce

How to Handle College Expenses after a Divorce

By M. Scott Gordon 

With annual tuition costs ranging from over $15,000 for Illinois in-state tuition to over $40,000 at a private university, paying for a child’s college expenses can be quite expensive. Parents may have some savings set aside to pay for college, but these do not always cover all the costs of a college degree. Taking out student loans may be one way to pay for the expenses, but that may saddle a college graduate with a large unmanageable debt after graduation. Therefore, whether you have teenagers about to go to college, or younger children who may not go to college for a few years, college education funds may be planned for in a final divorce decree if you and your spouse decide to separate.

Funds May Come from Both Spouses

According to section 513 of the Illinois Marriage and Dissolution of Marriage Act, a court can allocate finances from either parent’s income or property to pay for their children’s educational expenses. The court can order financial contributions for tuition, books, room and board and other similar educational expenses, and also for medical and dental insurance coverage.

In determining how to allocate expenses between the parents, a court considers the following factors, amongst others:

·         The parents’ financial resources;

·         The child’s standard of living, had the parents stayed married;

·         The child’s financial resources; and

·         The child’s academic performance.

Who Can Ask For Financial Contributions?

Petitions for financial contributions can be made by either parent during a divorce and after a divorce.

When Can Petitions For Financial Contributions Be Made?

 A parent can ask the court for educational contributions during the divorce, but can also reserve a petition until later after the divorce petition has been finalized. A parent seeking to reserve the issue of college financial contributions should be careful about when they later ask the court to order the contributions.

According to the Illinois Supreme Court, a parent who petitions a court for financial contributions is only entitled to assistance for expenses that come after the petition. That means that if a parent starts paying for college expenses, and then makes a petition for a court to order the other parent to contribute, the court can only order the other parent to contribute to future expenses. The petitioning parent has to bear the pre-petition costs alone.

Contact an Attorney

If you are going through a divorce and need assistance working out the details of your children’s educational expenses, contact M. Scott Gordon & Associates, and see how we can help you in this important aspect of your divorce. We are located in Skokie and in Chicago, and we are prepared to help you today.