How Will We Cover Our Kids' College Expenses After Divorce?

 Posted on November 14,2024 in Child Support

When parents get a divorce, one common concern is related to how they will cover various expenses for their children. Many people are surprised to find that their obligations do not necessarily end when the child turns 18 years old, as they might be required to cover college expenses. Because college education can be expensive, divorced parents in Illinois might need to come up with an arrangement to help pay for it if not already addressed in the parties’ Allocation Judgment or Marital Settlement Agreement. If you have specific questions about your personal situation, make sure to speak with an experienced Illinois parental responsibilities lawyer to learn more.

Do Divorced Parents Split the Cost of College?

In Illinois, child support laws do not include college tuition or other education-related costs after the child turns 18. Sometimes, parents agree during the divorce to help cover college-related costs, and they can include this in the divorce settlement. However, parents can also be ordered by the court to assist their child with the cost of college. Illinois is one of the few states that can require parents to help a child pay for college, and Illinois courts are increasingly using their discretion to order parents to contribute. 

The educational expenses parents might need to cover can include housing expenses, tuition, and additional college fees. Educational expenses can also cover medical expenses, including insurance and dental care, living expenses, books, and other necessary school supplies. However, Illinois caps the amount that parents can be required to cover for tuition and board at the rates that an in-state student at the University of Illinois at Urbana-Champaign would have to pay.

How Much of My Child’s College Costs Will I Be Required To Pay?

If a court deems it appropriate, you may face a court order requiring you to contribute to your child’s college expenses. If so, the court will consider several factors before deciding how much you are obligated to pay, including:

• Whether the child would have received support from the parents with college tuition if the parents had remained married

• Each parent’s financial situation, including their ability to pay and their other obligations

• The child’s needs, including all the associated costs of getting an education

• The child’s demonstrated capabilities, including his or her grades and career goals

• Whether the child has any resources of his or her own to help pay for the cost of an education 

The two most common arrangements ordered by judges in similar situations are:

• Splitting the costs 50/50 between the parents

• Dividing the costs into thirds, split equally between the parents and the child, after applying loans and scholarships

While education costs can seem overwhelming, you can apply for financial aid through the Free Application for Federal Student Aid (FAFSA) program. If granted, this can reduce the amount you may need to pay for your child's education.

Schedule a Free Consultation with a Chicago, IL Family Law Attorney

If your child will be graduating high school this year and you are wondering how you will manage to pay for college, a qualified Cook County, IL non-minor support attorney can answer your questions. At The Law Office of George J. Skuros, we have experience helping families navigate such challenges and finding the right solutions. You do not need to figure this out alone. Call 312-884-1222 to schedule a free consultation.