How Do Divorced Parents Handle College Expenses in Illinois?

 Posted on October 30, 2025 in Child Support

Child support requirements often end just before a child starts college. However, Illinois law still allows judges to order one or both parents to contribute to college expenses. If you are unsure about your legal rights or responsibilities, you should speak with an experienced Rolling Meadows, IL child support lawyer. We can help you understand your rights and financial obligations.

What Does Illinois Law Say About Paying for College After Divorce?

Illinois recognizes the importance of higher education for young adults. Under Section 513 of the Illinois Marriage and Dissolution of Marriage Act, a court can require divorced, separated, or unmarried parents to help pay for a child’s educational expenses. This may include tuition, room and board, books, fees, and other necessary costs related to attending college or trade school.

In most cases, costs cannot be higher than in-state tuition and housing at the University of Illinois at Urbana-Champaign. Essentially, the court is not going to order a parent to pay for costly private or out-of-state schools unless they can afford it or agree to do so.

What Factors Do the Courts Consider When Determining Who Pays for College?

Illinois judges carefully review each family’s situation before deciding how to divide college costs. The court may consider factors such as:

• Each parent’s income, assets, and current financial needs

• The child’s academic performance and motivation to complete school

• The standard of living the child would have enjoyed if the parents had stayed married

• The total cost of attendance and whether it is reasonable for the family’s finances

• The child’s ability to contribute through part-time work or savings

• The availability of financial aid, scholarships, or grants

• Any prior agreement between the parents regarding education costs

The court uses these details to divide expenses fairly. That means that the final order is not always an equal distribution of responsibility. For example, one parent may earn much more than the other. In that case, the higher-earning parent may have to pay a larger share of tuition or housing costs.

Can Parents Come to an Agreement About College Costs on Their Own?

Parents are encouraged to create their own agreement instead of leaving the decision to a judge. These terms can be included in a divorce settlement agreement or parenting plan that is then approved by the court.

Your written agreement should clearly outline how college costs will be shared. You can also address how you will handle future changes in income. Some parents include academic conditions, such as maintaining a certain grade point average. Putting the terms in writing protects both parents and prevents future disputes once the child begins school.

What if One Parent Refuses To Pay for College?

If one parent fails to follow a court order related to college expenses, the other parent can file a petition for enforcement under 750 ILCS 5/511. The court has the authority to use contempt proceedings or other penalties to enforce compliance.

If financial circumstances change significantly, either parent can ask the court to modify the existing order. That parent will just need to provide clear evidence to support a request for adjustment. For example, income statements or proof of hardship are often enough.

Schedule a Free Consultation With an Arlington Heights, IL Family Law Attorney

College planning is already complicated without added stress over who will pay for what. You need an attorney with experience in family law matters, particularly in helping parents reach fair financial agreements.

Attorney Don Cosley personally handles all aspects of his cases. When you call with questions about your situation, you will speak directly with him, not a paralegal or assistant. Call Law Offices of Donald J. Cosley today at 847-253-3100 to schedule a free consultation with a Rolling Meadows, IL child support lawyer who will protect your rights.