Seeing your children go to college is an emotional time. It’s difficult for everyone to let go. For the teenager, they feel pressure as they prepare for the next chapter in their lives. For parents, regardless of your marital status, it’s seeing your children be independent for the first time and feeling the stress of ever-increasing price of college tuition.
For divorced couples, the question regarding who pays for college tuition is important. Some states, such as Illinois, have statutory provisions or court rulings under which a parent may be required to help pay the college expenses of a child. Regarding sharing educational expenses, it’s best to get an agreement in writing.
Through a divorce agreement, the court may order parents to contribute to their child’s college expenses, or “non-minor support.” The college expenses covered by non-minor support usually include tuition, room and board, book fees, registration, application fees and other costs due to the university. Expenses may also include contribution to the child’s living expenses, transportation costs, health insurance and medical and dental expenses, as well as other college expenses the court finds are reasonable.
Most educational expense issues are addressed within the months leading up to a child beginning college. There are several factors which may determine if a court awards college expense support to an ex-spouse, such as:
– The financial resources of both parents (including income, savings, and investments);
– The standard of living the child would have enjoyed had the parties’ marriage not been dissolved;
– The financial resources of the child (including financial aid and scholarships);
– The child’s academic performance (whether the child was going to go to college anyway) and
– Any other factors the court deems relevant.
Guidelines vary from state-to-state regarding child support and college expenses. This means the amount of the award is generally left to the discretion of the court and the court will consider the statutory factors applicable in the state. In Illinois the aggregate amount parents can be ordered to contribute is tied to the costs of attending the University of Illinois in Champaign/Urbana.
It’s also important for one of the custodial parent to fill out and submit the Free Application for Federal Student Aid for low-interest federal student loans and grants, which reduce college costs.
By law, child support is subject to enforcement, modification and termination. Because college expenses are considered a form of child support in Illinois, the same applies. One’s obligation to pay for educational expenses in Illinois is limited to four years of undergraduate education and ceases when a child attains age 23.
For college students living at home, the amount required to pay may likely be reduced because the cost of room and board at a college has been absorbed by the parent of primary residence. However, the parent housing the child may be entitled to a contribution from the other parent.
Do not neglect what you agreed upon regarding college payments in your divorce settlement.
As your children near the end of high school and begin looking at colleges, it is important that you and the other parent decide how the costs of higher education will be covered. It’s generally best to have the parents, not the court, decide what is best for your child’s education.
If you have any questions about divorcing with children or divorce in general, please, contact me.
