Child Support and College Tuition

Child Support and College Tuition

By M. Scott Gordon

In Illinois, child support laws require that both parents support their children. In general, noncustodial parents in a  divorce or parentage case have an obligation to support their children until they turn 18 or complete high school (where a child is still in high school after turning 18, the parents still will be obligated to pay support up until the point that the child turns 19 years old or graduates from high school). In other cases, such as those where a child cannot support himself or herself, or in situations where a child is disabled, the support obligation can continue beyond the child’s eighteenth birthday.

But what about children who turn 18 and go off to college? Is there any kind of child support obligation in Illinois? Illinois law states that both parents must help with college expenses. Yet a recent article in Slate suggests that child support for college students is quite a controversial matter.

Rising College Costs, Rising Child Support Costs?

A recent case in New Jersey reverberated in states across the country. A college student, Caitlyn Ricci, used the legal system to get thousands of dollars from her divorced parents for college costs.  The issue in that case was that a child sued both divorced parents; in Illinois (currently) only one "ex" can sue the other "ex" on behalf of a child for college expenses.  But it sometimes comes as a shock to parents that they can be forced to pay for college.

When judges in Illinois and throughout the U.S. rule that noncustodial parents must contribute to their children’s college expenses, are they changing the nature of child support? Is it actually becoming an obligation that doesn’t, in fact, end at the age of majority? And how much money can parents be responsible for once their children go off to attend various universities and liberal arts colleges?

In-State Versus Out-of-State Tuition

Are parents obligated to pay for any college? Or do these costs only extend to the lowest-cost option?

In-state tuition expenses for public universities are much less than the out-of-state expenses for private (or even public) colleges and universities. Do divorced parents have an obligation to help pay for either option? Or must children choose the lower-cost school if they want to have financial assistance from a parent? In general, courts tend to look at each situation on a case-by-case basis, although many Judge's will limit a parent's obligation to the cost of, say, the University of Illinois.

We’ll need to wait and see how cases like these continue to proceed in Illinois. In the meantime, if you have questions about child support, contact an experienced Chicago family law attorney at M. Scott Gordon & Associates today to learn more about how we can assist you.

Can I Stop Paying Child Support If I Find Out The Child Is Not Mine?

Can I Stop Paying Child Support If I Find Out The Child Is Not Mine?

By M. Scott Gordon

In Illinois, an unwed father who wishes to acknowledge the paternity of a child can sign a Voluntary Acknowledgment of Paternity (VAP). This is a form that can be signed at the hospital between unwed parents, to establish the man as the child’s father. After signing the VAP, a father can be put on the birth certificate. Once a man has signed a VAP, he has 60 days from the date it is signed to withdraw it. If the VAP is not withdrawn in time, the voluntariness of the acknowledgment can only be challenged in court on the basis of fraud, duress, or material mistake of fact.

Under Illinois law, a father-child relationship, including an obligation to support the child, does not depend on the parents’ marital status. Therefore, a father who acknowledges paternity through a VAP (or who is found by a court to be the father) can be ordered to pay child support to the mother of the child to help with the child’s upbringing. A problem may arise for the father if, after child support payments have been ordered and paid, the father discovers he is not the child’s father. Current Illinois law makes it very difficult for a man who previously signed a VAP to be released from his obligation to pay child support, even when a DNA test shows he is not the father. This is because the law views an acknowledgment of paternity through a VAP as conclusive evidence of paternity as to the father who signed it.  New law has been proposed to allow a father who previously signed a VAP to challenge it based on DNA testing showing he is not the father.

Despite what a couple believes at the time of the child’s birth, it is wiser to hold off on signing a VAP until DNA testing can definitively establish the man as the child’s father. In fact, the VAP form informs the couple of the father’s right to seek genetic testing before acknowledging paternity. Therefore, a father who signs the VAP anyway is seen to be waiving the right to testing, and acknowledging that despite not having proof, he accepts he is the father. The form also warns that the father will be responsible for child support and other financial obligations until the child is 18 years old, and beyond. While asking for a DNA test may cause friction within the parents’ relationship, it may save the alleged father thousands in child support payments he would otherwise not owe if the child is not his biologically.

Contact a Chicago Family Attorney

If you acknowledged paternity of a child, and later found out that you were not the child’s biological father, you may want to stop making child support payments. Before stopping payments, consult the Chicago area family law attorneys M. Scott Gordon & Associates and see how we can help you. Stopping payments without a court order could lead to interest charges for late payments, amongst other unwanted problems.