Does the Other Parent have to Pay for our Child’s College?
Parents involved in a family law case, whether that be a divorce, custody case, or paternity case, are able to seek some form of college assistance from the other parent, when and if a parent doesn’t want to financially contribute.
In divorce cases, the statute that controls this topic is 750 ILCS 5/513 and the Court can consider many factors as the statute reads, “the court shall consider all relevant factors that appear reasonable and necessary, . . . .” which essentially means that the Court can consider all sorts of things including (but not limited to) earnings, financial resources, and standard of living the child would have enjoyed had the parents stayed together.
Generally courts order that each parent pay one-third, and the child pays one-third with the use of loans, grants, or scholarships. However, that’s not always the case and the parents’ ability to earn and their financial resources often dictate the outcome of a college contribution case.
College contributions cases can be brought within the custody case or divorce case, or independently later when the child reaches the age of 18 or soon to enter college. If your children are young, the best practice is to make sure that your decree states that both parents are obligated pursuant to Section 513 rather than simply saying the issue is “reserved.”
This is because when college years come around, most parents are busy getting their child ready for college, and deal with the expenses later between estranged parents. “Reserved” language prevents a parent from seeking a retroactive contribution when college expenses start. Rather, using the word “reserved” only allows for retroactive college assistance back to the date when the parent filed a motion seeking financial help from the other parent. However, using language that affirms the obligation as opposed to reserving the issue allows either parent to seek contributions back to the date when the college costs started.
On a side note, if you’re looking to fight against being ordered to contribute, I would think again. Some parents argue that it’s not “fair” that the court can order for the contribution in family law cases, but the court cannot make such an order for children of married parents and sometimes I have seen arguments that touch on the fact that their child is not a good student or they didn’t have a say in the college selection process. And while the court can also consider the child’s academic performance, this rarely happens and most Courts will allow the child to at least try (on your dime). I caution parents that try to avoid a college contribution award that it’s better to try and control how much you’ll pay than attempting to litigate against paying at all. Optics are everything.
Two appellate cases highlight when parents tried to fight their obligations and in both cases, they failed with attempts at equal protection clause arguments or that they didn’t have a say in the college selection process. Those cases are: Kujawinski v. Kujawinski, 71 Ill. 2d 563, 376 N.E.2d 1382 (Ill. 1978) and Yakich v. Aulds, 440 Ill. Dec. 837.
There is a limit to the amount the Court will consider. They will not consider any tuition and costs over and above what it would cost to send the child to University of Illinois. In 2025 when this article was written, that cost is $33,642.00 (but keep in mind that this amount can be a point of contention as well).
In paternity cases or cases where parents were never married, three statutes protect a parents right to seek out college expenses from the other.
750 ILCS 46/801 provides “This subsection shall not be construed to prevent or affect the establishment or modification of an order for the support of a minor child or the establishment or modification of an order for the support of a non-minor child or educational expenses under Section 513 of the Illinois Marriage and Dissolution of Marriage Act.”
750 ILCS 46/802 provides that “In determining the allocation of parental responsibilities, relocation, parenting time, parenting time interference, support for a non-minor disabled child, educational expenses for a non-minor child, and related post-judgment issues, the court shall apply the relevant standards of the . . . ..”
And
750 ILCS 46/906, provides that, “ [t]he procedures, actions, and remedies provided in this Act shall in no way be exclusive, but shall be available in addition to other actions and remedies of support, including, but not limited to, the remedies provided in: (a) the Illinois Marriage and Dissolution of Marriage Act; (b) the Non-Support Punishment Act; (c) the Illinois Public Aid Code; (d) the Uniform Child-Custody Jurisdiction and Enforcement Act; (e) the Uniform Interstate Family Support Act; and (f) the common law. (Source: P.A. 102-541, eff. 8-20-21.) (emphasis added).
If your Judgment (Decree) says that college contribution is “reserved” or it’s not mentioned at all, or maybe you don’t have a Decree and want to explore your options to seek out the financial assistance from the other parent as to your child’s college costs, please email me or call for your free phone consultation.
Paul D. Nordini
(630) 306-6300 *please text first
Email: paul@paulnordini.com