College Expenses for Divorced Parents in Illinois

Updated: Sep 7, 2025

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, 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.

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:

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.

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 Drysch, the Second District reversed and remanded the college-expense order. It held that the parent's poor relationship with the child was not an appropriate factor in deciding the contribution. The opinion expressly rejected Gibb's contrary approach to that relationship factor.

Section 513(a) permits an educational-expense award from either or both parents' property and income as equity requires. As Drysch later explained, Sreenan held that educational support did not depend on a good parent-child relationship or the supporting parent's prior consent.

The Illinois Supreme Court addressed a reserved college-expense issue in Petersen, 2011 IL 110984. The decree had reserved the issue, and the court held that contribution could not cover expenses incurred before the petition was filed.

Street v. Street, 325 Ill. App. 3d 108 (2001)

Street addressed the mother's financial resources, including assistance available from her new spouse. The court remanded for discovery and further hearings on her ability to contribute. It explained that the new spouse was not personally obligated to pay for the child's education.

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

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.

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

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.

Street v. Street considered a new spouse's income and assets to the extent they helped cover the parent's living expenses. The court required further financial discovery and hearings on the mother's ability to contribute. It did not impose a direct college-payment duty on her new spouse.

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.

Section 513(j) directs the court to consider the child's financial resources. Under Section 513(b), the court may require both parents and the child to complete financial aid forms, including FAFSA, before the applicable submission deadlines.

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 its 2011 Spircoff decision, the court allowed a third-party beneficiary's contract action to enforce the parents' college-expense agreement for earlier expenses. The agreement had affirmatively assigned responsibility instead of reserving the issue. Current Section 513(i) says the child is not a third-party beneficiary of the agreement or judgment and cannot file a contribution petition. It provides an exception when a party entitled to file dies or becomes legally disabled.

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.

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.

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 settlement agreement already assigned college-expense responsibility to both parents. The court allowed a parent to seek enforcement of that obligation for expenses incurred before her petition.

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:

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

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.

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.

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

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

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.

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.

Section 513(k) distinguishes establishing an educational-expense obligation from enforcing a prior one. An obligation established under that section is retroactive only to the petition's filing date. A prior payment obligation may be enforced before or after it is incurred.

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.

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, we often assist clients in reaching fair and enforceable agreements without the need for court intervention. We work toward an agreement that respects your financial reality, supports your child’s education, and protects you years into the future.

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, 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.

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:

In Chee, the court reversed dismissal of a petition to allocate the children's educational expenses and remanded for further proceedings. The decision concerned adjudication after graduation, rather than an affirmed contempt finding or attorney-fee award.

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.

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.

Section 513(j) requires consideration of reasonable and necessary factors when a party seeks to decrease, modify or terminate an educational-expense award. Those factors include the parents' resources, the child's resources and academic performance, and the standard of living the child would have enjoyed without divorce.

In Thomsen, the appellate court affirmed orders allocating college expenses. The parent challenging the allocation had not supplied the necessary hearing record. Without that record, the court had no basis to conclude that the allocation lacked support in the law and evidence.

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. Section 510(a) generally limits modification to installments accruing after the moving party gives due notice of the modification motion's filing. Its opening provision preserves exceptions under Sections 502(f) and 505.2(b)(3).

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.

Section 513(j) includes the child's academic performance among the factors the court considers. Section 513(g) specifies a cumulative C grade point average, with an exception for illness or other good cause. A loss of contact with a parent is not one of the termination events listed in that subsection.

Drysch rejected the poor parent-child relationship as a factor in its college-expense decision. Current Section 513(g) addresses cumulative grades, age, receipt of a bachelor's degree and marriage. Section 513(a) qualifies the age limit. Absent agreement, expenses must be incurred by the 23rd birthday, with good cause permitting later expenses no later than the 25th birthday.

Section 513(k) distinguishes establishing an obligation from enforcing one. An obligation established under that section is retroactive only to the petition filing date. A prior obligation may be enforced before or after it is incurred. A reserved college-expense issue was addressed in Petersen, 2011 IL 110984.

Section 513(k) permits enforcement of a prior payment obligation before or after the obligation is incurred. Its filing-date limit governs establishment of an obligation under that section.

At Chicago Family Attorneys, we understand that circumstances change and we work 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.

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.

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.

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.

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. Under Section 513(k), establishment of an obligation is retroactive only to the petition filing date; a prior obligation may be enforced before or after it is incurred. The reserved-obligation issue was addressed in Petersen, 2011 IL 110984.

Eligible expenses under Section 513 may include:

Section 513(d)(1) limits tuition and fees to the same-year in-state amount at the University of Illinois at Urbana-Champaign, except for good cause shown. Section 513(k) separately permits enforcement of a prior payment obligation before or after it is incurred.

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.

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

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

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.

Section 513(g) ends the court's authority to provide further educational expenses under that section when the child receives a bachelor's degree. Koenig separately concerned enforcement of existing college and postgraduate expense promises in a settlement agreement.

Academic performance matters. Section 513(g) specifies a cumulative C grade point average and preserves an exception for illness or other good cause. Section 513(j) also requires the court to consider the child's academic performance when making or modifying an award.

Drysch held that the poor relationship between parent and child should not determine the educational contribution. The opinion expressly disagreed with Gibb's approach to treating that relationship as a factor.

Tags: