Non-Minor Child Support Tuition Disputes in Kendall County

 Posted on October 26, 2022 in Child Support

Child support in Illinois terminates at age 18 or high school graduation. Since January 1, 2016, codified in Section 513 of the Illinois Marriage and Dissolution of Marriage Act, divorced parents have been obligated to contribute to their non-minor child’s education and living expenses. However, these agreed-upon contributions, stated in the divorce decree, can be modified. For instance, a modification is likely if one parent is incapable of contributing payment because of unemployment or illness. If a financially able parent default on payment, then that parent can be held in contempt of court.

Negotiating the tuition and living expenses of a non-minor child can be acrimonious. A family law attorney who understands the complexities of child support can help draft a modification or enforce a prearranged tuition agreement in the divorce decree.

Seven Terms of Section 513 of the Illinois Law

1. The funds from a 529 account, which appropriates money for higher education, can help with payment for tuition and living expenses.

2. The student must maintain at least a C grade point average.

3. Parents are only obliged to contribute the annual tuition, textbook costs, meal plans, and double occupancy housing costs that the University of Illinois Champaign-Urbana charges during that same academic year.

4. A parent’s payment obligation terminates when the student turns 23 years old. However, if illness or military service delays the student’s university start date, payment obligations can extend until the student turns 25.

5. Payments automatically cease if the student marries.

6. A student, as beneficiary, cannot legally sue if their parent defaults on college payment; only the other parent can petition a claim.

7. Payment plans can be adjusted if a student resides with either parent rather than in on-campus housing.

Post-High School Student’s Living Expenses

A post-high-school education can include tuition for college, community college, professional training, vocational school, or trade school. Along with school tuition, living expenses and incidentals are typically included in the parenting plan and divorce decree. Such costs could include but are not limited to the following.

• SAT and ACT preparation, which can include textbooks, courses, or tutors

• SAT and ACTs, which range from $60 and $63, respectively

• Five college applications, which range from $75 to $100

• Housing and household utilities, which can include rent or university boarding expenses

• Meal plans, which vary from $3000 to upward of $9000, annually

• School supplies that can consist of textbooks and a personal computer

• Medical and dental insurance with possible out-of-pocket expenses for prescriptions

• Living incidentals, including transportation to and from school

Contact a Family Lawyer in Kendall County

At The Law Office of Matthew M. Williams, P.C., experienced divorce attorney Matthew M. Williams is certified in both collaborative and cooperative law. Thoughtful and sensitive to the needs of his clients, Matthew M. Williams understands the complexities of child support issues and aggressively advocates for agreeable solutions. If your ex-spouse reneged on contributing to your child’s college tuition, contact an Oswego divorce attorney to modify or enforce your divorce decree at 630-409-8184.

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K513

https://www.admissions.illinois.edu/invest/tuition

https://www.usnews.com/education/best-colleges/the-short-list-college/articles/colleges-with-the-highest-application-fees

https://www.act.org/content/act/en/products-and-services/the-act/registration/fees.html

https://www.usnews.com/education/best-colleges/paying-for-college/articles/paying-for-meals-at-college-what-to-know-about-costs#