Who Pays for College Expenses in Illinois Child Custody Cases?

How Illinois Family Law Handles College Expenses

When parents separate or divorce in Illinois, their financial responsibilities toward their children may continue well beyond childhood. One of the most misunderstood areas in family law is the obligation to pay for college.

While child support typically ends at age eighteen or when a child graduates from high school, Illinois law allows courts to order divorced or separated parents to contribute to a child’s college educational expenses. These obligations are not automatic, but they are enforceable when certain conditions are met.

At Chicago Family Attorneys, LLC, we help parents throughout Chicago and Cook County navigate this complex area of law with clarity and confidence. Whether you are facing your first court order or need to modify an existing one, it is essential to understand what the law allows, what the court considers, and how to protect both your financial interests and your child’s future.

Legal Authority for College Contributions Under Section 513 of the IMDMA

The legal basis for requiring a parent to contribute to a child’s college expenses in Illinois comes from Section 513 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/513). Unlike traditional child support, which typically terminates when a child turns 18 or graduates high school, Section 513 allows courts to allocate post-secondary educational expenses between the parents and, in some cases, the child. This support is separate and independent from ongoing child support obligations.

According to Section 513, the court may order one or both parents to contribute to reasonable and necessary educational expenses, which may include:

• Tuition and mandatory fees, not to exceed the in-state tuition and fees at the University of Illinois at Urbana-Champaign during the academic year in question

• Room and board, whether on-campus or off-campus housing

• Medical expenses, including health insurance coverage for the child while enrolled

• Textbooks, lab fees, course materials, and other academic necessities

• Reasonable living expenses, including food, utilities, and school-related costs during the academic year

• Transportation expenses, including travel to and from school

Importantly, this statute does not create an automatic entitlement for the child or custodial parent. Rather, courts are directed to consider the specific facts and circumstances of each case before entering an order. This discretionary framework has been clarified and applied through various Illinois appellate and Supreme Court decisions, which guide how judges analyze Section 513 cases in real-world settings.

Key Case Law Interpreting Section 513

Numerous cases outline how the statute governing college expenses may be interpreted. These cases are paramount to understanding the full encompassing power of the court's ability to order contribution of college expenses.

In re Marriage of Drysch, 314 Ill. App. 3d 640 (2d Dist. 2000)

In Drysch, the court upheld an order requiring a father to contribute to college expenses even though the child had limited contact with him and had chosen a private university. The court emphasized that the child’s estrangement from a parent is not an automatic bar to contribution, and that a court must look to the statutory factors rather than rely on personal feelings or family dynamics.

In re Marriage of Sreenan, 81 Ill. App. 3d 1025 (2d Dist. 1980)

This early case clarified that Section 513 authorizes college contribution orders even in the absence of a prior agreement between the parents. In Sreenan, the non-custodial father argued that he had never agreed to pay for college, but the court found that Section 513 created judicial discretion, not contractual necessity.

In re Marriage of Peterson, 2011 IL 110984

This Illinois Supreme Court decision provided critical clarity: courts cannot order contributions toward expenses exceeding the cost of in-state tuition and fees at the University of Illinois at Urbana-Champaign, unless both parents agree otherwise. Peterson ensures that obligations remain reasonable and not open-ended, particularly when a child selects a costly private or out-of-state institution.

In re the Marriage of Street, 2021 IL App (2d) 200388

In this more recent case, the appellate court reiterated that both parents’ financial abilities must be carefully assessed. The court vacated a prior order when it was clear that the trial court had failed to adequately consider the father's new financial constraints and debt obligations. The ruling underscored the importance of a full and accurate financial picture before entering a Section 513 order.

Court Discretion Over College Expense Orders

When evaluating whether and how much to order under Section 513, the judge must engage in a balancing test, weighing statutory factors such as:

• The financial resources and earning capacity of both parents

• The financial aid or scholarships available to the child

• The standard of living the child would have enjoyed had the marriage remained intact

• The academic history, enrollment status, and seriousness of the student

Courts are not required to order equal contributions. For instance, if one parent earns three times as much as the other, the court may apportion a greater share to the higher-income parent, especially if the other is supporting other children or has significant debt. However, both parents may still be expected to contribute something if they are reasonably able.

At the same time, Illinois courts are wary of overburdening parents, particularly when the child selects a more expensive institution or fails to meet academic expectations. In such cases, courts may condition payments on proof of full-time enrollment, minimum GPA requirements, or satisfactory academic progress and what a fair division should be based on when reviewing the merits of the case.

The Statutory Factors Under Section 513(b)

Illinois courts consider the following when determining how much each parent (and in some cases, the child) must contribute toward post-secondary education:

1. The Financial Resources of Each Parent

Judges begin by analyzing each parent’s gross and net income, assets, debts, cost of living, and other financial obligations. This analysis is not limited to what is reported on a tax return. Courts often evaluate bank statements, investment accounts, real estate holdings, and spending habits to get a full financial picture.

In In re Marriage of Street, 2021 IL App (2d) 200388, the appellate court vacated a college contribution order after finding that the trial court failed to fully assess the father’s debts and new family obligations. This case illustrates the importance of a thorough financial review before assigning responsibility under Section 513.

2. The Financial Resources of the Child

If the child has savings, is employed part-time, or has access to scholarships, grants, or a 529 college savings plan, these resources can reduce the burden on the parents. Courts generally do not expect the child to cover the full cost of their education, but some contribution may be considered appropriate.

In In re Marriage of Cerven, 2019 IL App (2d) 170805, the court noted that the child’s eligibility for financial aid and grants was relevant, particularly where one parent had limited means and the child had not applied for need-based assistance. The court held that failing to consider financial aid improperly inflated the parents’ obligations.

3. The Standard of Living the Child Would Have Enjoyed

Judges often consider whether the child would have reasonably expected to attend college if the parents had remained together. If the child was raised in a household that valued education and had the financial ability to support post-secondary studies, courts may attempt to maintain that trajectory.

In In re Marriage of Spircoff, 2011 IL App (1st) 103189, the court ruled that a father with substantial income and a history of supporting his child’s private high school education could not later claim that contributing to college was unexpected or unreasonable.

4. The Child’s Academic Performance and Commitment

Judges will review the student’s transcripts, enrollment status, and degree path to determine whether the child is committed to completing their education. A child who is skipping classes, changing majors repeatedly, or failing to maintain academic progress may risk losing financial support from a parent through a Section 513 order.

Courts sometimes condition contributions on the child maintaining a minimum GPA or remaining enrolled full-time. These requirements are especially common when the child is over 18 and considered legally an adult.

Contributions Are Not Always Equal

Illinois law does not presume that college costs should be split 50/50. The final allocation depends heavily on the unique financial positions of each parent and the overall circumstances.

For instance, in a family where one parent earns $200,000 and the other earns $45,000, the court may assign the bulk of the college expenses to the higher-earning parent. However, if the lower-earning parent has access to substantial assets, inherited wealth, or reduced household expenses, the court may still expect a meaningful contribution.

Additionally, courts often expect children to apply for FAFSA, scholarships, and on-campus work-study programs to help defray costs.

Court Discretion and Financial Reality

While Illinois courts aim to support children’s education, they are not blind to economic reality. Judges are mindful that college tuition has skyrocketed and that not all parents can afford to fund a child’s education without jeopardizing their own financial well-being.

In situations where a parent is already supporting other children, paying spousal maintenance, or dealing with long-term medical expenses, those realities are weighed carefully. The courts are also unlikely to punish a parent for the child’s choice to attend an expensive private school if a more affordable, public option was available.

In In re Marriage of Koenig, 2012 IL App (2d) 110503, the appellate court reversed a trial court order that failed to consider the financial strain imposed by a child’s out-of-state college choice and reaffirmed the cap set by Peterson for the cost of attending the University of Illinois.

Practical Implications for Parents

For parents navigating a custody agreement, it is wise to address college contributions before the child turns 18. While courts can step in after the fact, having a written agreement in your divorce judgment or parenting plan can help avoid conflict and clarify expectations.

If you are currently facing a petition under Section 513, or if you expect your child to begin college soon, you should begin gathering:

• Tax returns and W-2s

• Pay stubs and employment contracts

• Monthly household expenses

• Documentation of the child’s college costs, aid awards, and grades

This documentation will be essential in presenting a strong and credible argument in court.

Reaching an Agreement vs. Going to Court: How Illinois Parents Can Address College Expenses Proactively

When it comes to paying for college after a divorce or separation, litigation is not the only option. In fact, Illinois law strongly encourages parents to resolve issues involving post-secondary educational expenses by agreement, rather than relying entirely on judicial intervention.

For many families, the most practical and least stressful way to handle college costs is to include specific provisions in a Marital Settlement Agreement (MSA) or Allocation of Parental Responsibilities Judgment. These agreements not only clarify expectations but also help avoid future disputes that can become costly and emotionally draining.

Why Parents Should Address College Contributions in Advance

The reality is that the further parents plan ahead, the more control they retain. Leaving college costs to be determined later by a judge, often years after a divorce or child custody case creates uncertainty for both parents and the child. Courts operate within the boundaries of Section 513, but judges have wide discretion and can only base their decision on the financial circumstances and evidence available at the time of the hearing.

By contrast, a well-drafted agreement made during the divorce or custody process gives both parties predictability and peace of mind.

What Should Be Included in a College Expense Agreement?

Whether drafted during the initial divorce or added later as part of a post-judgment modification, a comprehensive college expense provision should address:

• Who pays what percentage of tuition, room and board, and related costs

• A definition of covered expenses, such as books, fees, health insurance, meal plans, and transportation

• A cap on contributions, such as limiting tuition to in-state public university rates

• Whether the child must maintain a minimum GPA

• Whether contributions are conditioned on the child’s full-time enrollment

• A requirement that the child apply for financial aid or scholarships

• How payments will be made (direct to the school, to the parent, or to the child)

• What happens if the child chooses a private or out-of-state school

• Whether graduate or professional education is included

Including these details in a written, court-approved agreement helps ensure that expectations are clear and legally enforceable.

Avoiding Future Litigation Through Clarity

Consider the example of a couple who divorce when their child is ten. At the time, they do not include college expenses in their parenting plan. A decade later, their now 20-year-old daughter is attending DePaul University, and tuition exceeds $45,000 per year. The custodial parent files a petition under Section 513 seeking reimbursement for tuition and housing. The noncustodial parent argues they were never consulted about the college decision and cannot afford private tuition.

Without a prior agreement, this type of dispute becomes highly fact-specific and is left to the discretion of the court. The outcome is unpredictable, often resulting in stress, legal fees, and strained relationships. A clear agreement made early on could have avoided the conflict entirely.

Should You Go to Court if You Can’t Agree?

Yes, but only after all reasonable efforts to negotiate have been exhausted. If you and your co-parent cannot reach an agreement and your child is preparing to enroll in college, you should file a Petition for Contribution to Post-Secondary Educational Expenses under 750 ILCS 5/513.

Timing is critical. In In re Marriage of Petersen, 2011 IL 110984, the Illinois Supreme Court held that a parent cannot be retroactively ordered to pay for college expenses incurred before the filing of the petition, unless the judgment explicitly reserved the issue. This means that waiting too long to act could leave you unable to recover any reimbursement for already-paid expenses.

If you expect conflict or resistance, consult a family law attorney early. Proper planning and timely legal action can protect your rights and your child’s educational future.

Collaborative Solutions Through Mediation or Settlement Conferences

Many parents resolve college expense disagreements through mediation or informal settlement conferences. These collaborative processes allow both sides to communicate their concerns and negotiate solutions with the help of a neutral facilitator or their attorneys.

At Chicago Family Attorneys, LLC, we often assist clients in reaching fair and enforceable agreements without the need for court intervention. We work to ensure that your financial reality is respected, that your child’s education is supported, and that the agreement you sign protects you years into the future.

Enforcing or Modifying College Expense Orders in Illinois: What Happens When Things Change or Break Down

Even with a court order in place, issues surrounding college contributions don’t always go smoothly. One parent may stop paying. Another may face unexpected financial hardship. The child may switch schools, fail courses, or become financially independent. These changes can have real consequences—and fortunately, Illinois law provides tools for enforcement and modification.

At Chicago Family Attorneys, LLC, we help clients across Cook, Will, and DuPage Counties not only obtain college contribution orders under Section 513, but also enforce or modify those orders when circumstances evolve. Whether you need help compelling payment or adjusting your obligation due to financial hardship, understanding your rights is essential.

When a Parent Fails to Pay: Enforcing Section 513 Orders

A college contribution order entered under Section 513 is not optional. It carries the same legal weight as a child support or maintenance order. If one parent fails to comply with their obligation, the other parent can file a Petition for Rule to Show Cause, asking the court to enforce the judgment.

Possible enforcement remedies include:

• Wage garnishment or income withholding orders

• Civil judgments for unpaid amounts

• Contempt proceedings, which may result in fines, interest on unpaid amounts, or even jail time for willful non-compliance

• Attorney’s fees and costs awarded to the petitioning parent

In In re Marriage of Chee, 2011 IL App (1st) 102797, the court upheld a contempt finding and attorney fee award against a parent who failed to comply with a college contribution order, despite having the financial means to do so. The court emphasized that a valid order cannot be ignored simply because one parent disagrees with how the money is being spent.

It’s important to act quickly. If your co-parent stops paying or refuses to contribute, consult an attorney to begin enforcement proceedings before tuition or rent payments become unmanageable.

Modifying a College Contribution Order

Illinois law recognizes that life changes. A parent’s financial ability may deteriorate due to job loss, illness, or other obligations. Likewise, the child’s academic performance or decisions may change the necessity or fairness of the original arrangement.

Under Section 513(e), a contribution order may be modified or terminated based on a showing of substantial change in circumstances. This includes:

• A significant decrease in a parent’s income

• Medical hardship or long-term disability

• The child transferring to a less expensive school

• The child dropping below full-time enrollment

• Poor academic performance, such as failing grades or lack of progress toward a degree

• The child marrying or becoming self-supporting

In In re Marriage of Thomsen, 371 Ill. App. 3d 236 (2d Dist. 2007), the appellate court reversed a trial court decision that denied modification after the child dropped out of school. The court ruled that when a child no longer attends college, the support obligation may be suspended or terminated—especially if no expenses are being incurred.

Modifications must be based on facts, not speculation. If your financial situation has changed, you must be prepared to present current tax records, pay stubs, medical documentation, or other financial disclosures. Courts will not modify obligations retroactively unless the petition was filed before the change occurred.

Proactive Modifications and Avoiding Contempt

Parents are often surprised to learn that simply stopping payments, even for what seem like valid reasons, can result in contempt. If you believe your circumstances warrant a change, you must file a motion to modify the order and continue to comply with the current terms until the court makes a ruling.

In some cases, parents successfully negotiate temporary or permanent modifications outside of court. Our firm often facilitates these agreements, which can then be submitted to the judge for approval and entry as a court order. This approach can save time, legal fees, and future headaches.

When the Child Becomes Independent or Fails to Perform

Courts expect children to remain reasonably committed to their education to receive financial support. If a child fails courses, drops out, or simply stops communicating with a parent, that behavior may justify modifying or ending the contribution order.

Illinois courts have ruled that while estrangement alone is not always grounds to deny support (Drysch, 314 Ill. App. 3d 640), the child’s conduct and choices are relevant when they result in wasteful or unnecessary expenses. A parent may not be required to fund a sixth or seventh year of college if the child has not maintained academic progress.

Take Action Early

Whether you are seeking to enforce a judgment or modify your obligation, timing matters. Courts cannot order retroactive changes to unpaid amounts unless the order itself includes a specific reservation or the petition was filed before the expense was incurred (Petersen, 2011 IL 110984).

That means if your child has already completed two semesters and your co-parent has not paid, you may not recover reimbursement unless you filed in time. Similarly, if your own circumstances changed last year but you didn’t file a motion, the court cannot adjust your payments retroactively.

We Can Help You Enforce or Modify Your College Support Order

At Chicago Family Attorneys, LLC, we understand that circumstances change and we work aggressively to protect our clients’ rights. Whether you need to hold someone accountable or need relief from an order you can no longer afford, we’ll help you build a strong, fact-based case for the court.

Our team serves clients throughout Chicago, Cook County, Will County, and DuPage County and offers flexible payment options to start representation in your case.

Frequently Asked Questions About College Expenses in Illinois Custody Cases

Can a court make me pay for my child’s college in Illinois?

Yes. Under 750 ILCS 5/513, an Illinois court can require one or both parents to contribute to a child’s college expenses, even after the child turns 18 or finishes high school. This includes tuition, housing, books, medical insurance, and other reasonable education-related expenses. The court will base its decision on financial ability, the child’s academic performance, and other statutory factors.

Does child support automatically cover college tuition?

No. Child support in Illinois generally ends at age 18 or high school graduation, whichever comes later. College contributions are not included in child support and must be addressed separately through a court order or written agreement under Section 513 of the Illinois Marriage and Dissolution of Marriage Act.

Can college expenses be split 50/50 between parents?

Illinois courts are not required to divide college costs equally. Instead, they allocate expenses based on each parent’s financial resources, income, and obligations. One parent may be ordered to pay a larger share if they have a significantly higher income or fewer debts.

What happens if we never agreed on college expenses during the divorce?

If your divorce judgment or parenting plan doesn’t mention college costs, either parent can still file a petition under Section 513 when the child approaches college age. The court will decide whether a contribution is appropriate based on current financial circumstances and educational needs. However, the court cannot order retroactive payments unless the issue was reserved in the judgment or a timely petition was filed (Petersen, 2011 IL 110984).

What expenses are considered “college expenses” under Illinois law?

Eligible expenses under Section 513 may include:

• In-state tuition and mandatory fees (capped at University of Illinois rates)

• Room and board (on-campus or off-campus)

• Books and required materials

• Medical insurance

• Transportation to and from school

• Reasonable living expenses

What if my child chooses an expensive private school?

Courts typically limit a parent’s financial responsibility to the cost of in-state tuition at the University of Illinois at Urbana-Champaign. If the child chooses a private or out-of-state school, the court may still enforce that cap, unless the parents agreed otherwise in their divorce or custody agreement (In re Marriage of Petersen and Koenig cases).

Can I stop paying if I lose my job or can’t afford it anymore?

You cannot unilaterally stop paying. However, you may file a petition to modify your Section 513 order if you’ve experienced a substantial change in circumstances, such as job loss, illness, or a significant financial hardship. The court may reduce or suspend your obligation, but only after a hearing. Until then, you must continue to comply with the original order.

What happens if a parent refuses to pay for court-ordered college expenses?

If a parent disobeys a valid Section 513 order, the other parent may file a petition for enforcement or contempt. Courts may impose:

• Wage garnishment

• Judgments for unpaid expenses

• Fines and interest

• Contempt sanctions, including potential jail time for willful non-payment

The court may also award attorney’s fees and court costs to the parent seeking enforcement.

Can the child contribute to their own college costs?

Yes. Courts expect the child to apply for financial aid, scholarships, and possibly work part-time. If the child has savings, income, or a 529 plan, those funds will be considered when determining each parent’s contribution.

Can I be required to pay for graduate school or professional school?

Not unless you agree to it. Section 513 applies to undergraduate education unless your divorce decree, parenting agreement, or later court order specifically extends obligations to graduate or professional school programs.

Is the child’s GPA or enrollment status relevant?

Yes. Courts may require the child to maintain full-time enrollment and passing grades. If the child is failing, takes a reduced course load, or drops out, the court may reduce or terminate the obligation to pay for ongoing education.

Does the child have to maintain a relationship with both parents to receive support?

No. While a strained relationship may be emotionally difficult, courts in Illinois have consistently held that estrangement alone is not enough to deny support (Drysch, 314 Ill. App. 3d 640). That said, a child’s conduct, cooperation, and academic behavior are relevant to the fairness of continued support.