Understanding Obligations to Pay Your Child’s College Tuition and Expenses in IL

For many families, the cost of college is one of the largest financial obligations they will ever face. When parents are divorced, separated, or were never married, determining who pays for a child’s tuition, housing, books, and related college expenses can become complicated. Illinois law addresses this issue through 750 ILCS 5/513, which gives courts the authority to allocate a child’s post-secondary educational expenses between parents.

Whether you expect a dispute about college costs or simply want to understand how your responsibilities may be determined, it is important to know how 750 ILCS 5/513 works. The statute answers questions about timing, cost limits, academic requirements, payment obligations, and the factors courts use when deciding what each parent must contribute.

Below, family law lawyers at Collin Law Offices, P.C. break down each part of the law so you can navigate the process with clarity and confidence.

Court Authority to Order Contributions Under 750 ILCS 5/513(a)

Under 750 ILCS 5/513(a), Illinois courts may require one parent, both parents, or even the estate of a deceased parent to pay college or vocational educational expenses. The statute does not require that an original divorce judgment contain a provision for college expenses. A parent may file a petition later, even after the child becomes an adult, as long as the expenses are incurred before the statutory age limits.

The statute places restrictions on when eligible expenses must be incurred. Unless the parties agree otherwise, all expenses must be incurred by the time the child turns 23, unless the court finds good cause to extend this deadline. However, no expenses may be incurred after the child turns 25.

This framework is designed to ensure that orders remain tied to traditional college-age students and do not extend obligations indefinitely.

FAFSA and College Application Costs Under 750 ILCS 5/513(b)

College planning involves more than paying tuition. Students typically face several up-front expenses even before choosing a school. Recognizing this, 750 ILCS 5/513(b) allows courts to require both parents and the child to complete the Free Application for Federal Student Aid (FAFSA) and any other financial aid forms. Courts can order this even if neither parent has yet been ordered to pay educational expenses.

To ensure that a child has access to necessary resources during the application process, courts may also require parents to contribute toward preliminary costs such as:

• Up to five college applications

• Up to two standardized college entrance exams

• One standardized entrance exam preparation course

These expenses often add up quickly, and the statute ensures a fair and reasonable way to allocate them when parents disagree.

Educational Expenses for High School and Post-Secondary Programs Under 750 ILCS 5/513(c)

Although most people associate 750 ILCS 5/513 with college, its scope is broader. Under 750 ILCS 5/513(c), the law applies not only to post-secondary education but also to the period in which a child is still attending high school, even if the child has turned 18 or 19. This means the court may order parents to pay certain educational expenses while a child completes high school beyond the age of legal adulthood.

For post-secondary education, 750 ILCS 5/513(c) extends to a wide array of programs, including four-year universities, community colleges, professional training, trade schools, and vocational programs. This flexibility reflects modern educational paths and gives courts the ability to address the needs of students who pursue nontraditional routes.

What Qualifies as an Educational Expense Under 750 ILCS 5/513(d)

One of the most detailed portions of the statute, 750 ILCS 5/513(d), outlines the expenses that courts may classify as educational. While the list is not exhaustive, the main categories provide judges with substantial guidance when determining contributions.

Tuition and Fees

Under 750 ILCS 5/513(d)(1), parents may be ordered to pay tuition and fees, but only up to the amount of in-state tuition and fees for a student at the University of Illinois at Urbana-Champaign (UIUC), unless good cause is shown to exceed that amount. This creates a consistent statewide cap and prevents disproportionately high orders when a student chooses a costly private or out-of-state institution.

Housing

Under 750 ILCS 5/513(d)(2), courts may require parents to pay housing expenses—on-campus or off-campus—subject to the limitation that the cost cannot exceed the double-occupancy room and standard meal plan at UIUC unless good cause exists. This limitation helps standardize expectations even if the student selects a school with higher housing costs.

Medical and Dental Expenses

Under 750 ILCS 5/513(d)(3), educational expenses may include the child’s medical insurance, dental expenses, and other similar costs necessary for the child’s well-being while at school.

Living Expenses

Under 750 ILCS 5/513(d)(4), courts may order parents to contribute to reasonable living expenses during the academic year and school recess periods. This may apply whether the child is living at school or living with one parent while commuting. These expenses may include:

• Food

• Utilities

• Transportation

Books and Supplies

Under 750 ILCS 5/513(d)(5), courts may require parents to pay for books and other supplies necessary for attendance. These costs can be substantial, particularly in programs that require specialized equipment or materials.

How Courts Direct Payments Under 750 ILCS 5/513(e)

Under 750 ILCS 5/513(e), courts have flexibility when deciding how payments are to be made. Depending on the circumstances, a judge may order funds to be paid directly to the educational institution, to one of the parents, to the child, or into a special account or trust established for educational purposes.

The method used often depends on the court’s evaluation of what will best ensure that the funds are applied properly and responsibly. Courts commonly opt for payment directly to the school to avoid disputes over how funds are spent.

Access to Academic Records Under 750 ILCS 5/513(f)

A parent who pays for a child’s education is entitled to know whether the child is attending classes and maintaining adequate academic performance. Under 750 ILCS 5/513(f), if educational expenses are ordered, both parents and the child must sign any consents needed for the educational institution to release transcripts, grade reports, and other academic records to the paying parent.

This requirement does not extend to non-academic records. If a child or parent fails to sign the required consent forms, the court may modify or terminate the educational expense order. Additionally, unless the court finds that the child’s safety would be at risk, each parent has the right to know the name of the educational institution the child attends.

Termination of Educational Expense Obligations Under 750 ILCS 5/513(g)

Under 750 ILCS 5/513(g), several events automatically terminate a parent’s obligation to pay educational expenses. These include:

• The child failing to maintain a cumulative “C” grade point average, unless illness or other good cause is shown

• The child attaining age 23

• The child receiving a bachelor’s degree

• The child marrying

The statute specifically notes that obligations do not terminate if the child enlists in the military, becomes incarcerated, or becomes pregnant. These provisions ensure that termination is tied to academic progress and reasonable age limits.

Treatment of 529 Plans and Savings Accounts Under 750 ILCS 5/513(h)

Educational savings accounts such as 529 plans can affect college expense calculations. Under 750 ILCS 5/513(h), a 529 account established before the dissolution of marriage is treated as a resource of the child. In other words, the funds in that account may reduce what parents are required to contribute. However, any contributions made to such an account after the judgment are considered contributions by the parent who made them, not contributions made on behalf of the child.

This distinction ensures that parents receive proper credit for post-judgment savings while preventing duplication of resources.

The Child Is Not a Third-Party Beneficiary Under 750 ILCS 5/513(i)

Under 750 ILCS 5/513(i), the child is not considered a third-party beneficiary of the divorce settlement or the court’s order regarding educational expenses. As a result, the child may not file their own petition seeking contributions from parents. Only a parent has standing to file such a petition.

There is one exception: if a parent who would have had the right to file the petition dies or becomes legally disabled, the child may file a petition on that parent’s behalf.

Factors Courts Consider Under 750 ILCS 5/513(j)

When deciding how much each parent should contribute, the court must consider the statutory factors listed in 750 ILCS 5/513(j). These include:

• The present and future financial resources of both parents, including retirement savings

• The standard of living the child would have enjoyed had the marriage not been dissolved

• The financial resources of the child

• The child’s academic performance

These considerations ensure individualized decisions that account for a family’s unique financial circumstances.

Retroactivity and Enforcement Under 750 ILCS 5/513(k)

Under 750 ILCS 5/513(k), obligations to pay educational expenses are retroactive only to the date a petition was filed. This means a parent cannot be ordered to reimburse the other parent for expenses paid before the filing date unless both parties previously agreed.

Courts may enforce obligations whether they were incurred before or after the order was entered, provided the expenses occurred after the petition date.

This provision emphasizes the importance of filing promptly if you anticipate disagreement about college costs.

Chicago Family Law Lawyer

If you are facing a dispute about college tuition or educational expenses under 750 ILCS 5/513, you do not have to navigate the legal process alone. The financial stakes can be significant, and the statute is detailed and complex. A family law lawyer can explain your rights, help you understand your potential obligations, and advocate for a fair allocation of expenses.

For help protecting your interests, contact Collin Law Offices, P.C. by calling (312) 263-1252 or contacting us online for a free consultation. The experienced Chicago family lawyers at Collin Law Offices, P.C. can guide you through your options and help you pursue the best possible outcome.