My Ex Refuses to Pay for our Kids’ College: Is there anything I can do?

When going through a divorce, there may be disagreements surrounding financial matters and expectations moving forward. One area of contention is how to divide college expenses for children and what to do when one parent refuses to contribute. Although it may be frustrating, there are solutions to this problem. The short answer is that, in Illinois, you could file a petition and seek a court order that compels a parent to pay for their child’s college expenses. If a person refuses to comply with a court order, there will be legal consequences that follow. Failing to comply with a court order shall be punishable, and a non-compliant parent could be found guilty of contempt (750 ILCS 5/505(b)).

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), the court may require one or both parents to pay for the educational expenses of their children (750 ILCS 5/513). The amount could be ordered payable to the child, to either of the child’s parents, or to the college that the child is attending.

Unlike child support, which typically stops once a child is 18 or done with high school, this obligation can extend until the child’s 23^rd birthday. In certain situations, this can be extended until the child’s 25^th birthday if good cause is shown.  These educational expenses can include any of the following:

1. Tuition that doesn’t exceed the amount of in-state tuition and fees paid by students at the University of Illinois at Urbana-Champaign,
2. On-campus or off-campus housing that doesn’t exceed that of a double-occupancy student at the University of Illinois at Urbana-Champaign,
3. Textbooks needed for class,
4. School supplies,
5. Food costs,
6. Transportation, and
7. Medical expenses and insurance.

The limitations related to the University of Illinois at Urbana-Champaign can be excused if good cause is shown. The court could also require either parent to pay for up to 5 college applications, 2 standardized college entrance exams such as an SAT or ACT, and one standardized college entrance examination preparatory course.

The judge balances the following:

1. The present and future financial resources of both parties.

The court can require either or both parents to complete a Free Application for Federal Student Aid (FAFSA) form and other financial aid documents that may be relevant. This could play a role in determining the financial obligations that either one or both parents would have towards their child’s college expenses.

2. The standard of living the child would have enjoyed had the marriage not been dissolved.

The court considers the lifestyle that the child is familiar with and how they would’ve been if there was no divorce. This includes the educational opportunities the child may have had access to.

3. The financial resources of the child.

The court can require your child to complete a FAFSA form and additional financial aid documents as well. The court will also consider any accounts or college savings plan that were established prior to the divorce as part of the child’s resources.

4. The child’s academic performance.

The child must maintain a “C” grade average, unless good cause is shown. If contribution to expenses is ordered, the child is required to give consent to their college to allow any parties’ permission to access transcripts and grade reports.

When considering this course of action, it’s important to know that either parents’ obligation to contribute to the child’s educational expenses can be terminated for the following:

1. The child’s grade point average falls below a “C.”
2. The child turns 23.
3. The child graduated from college and obtained their bachelor’s degree.
4. The child gets married.