Category Archives: College Expenses

Divorcing Parties’ Guide to Recent Changes to IMDMA regarding College Expenses

Governor Rauner has signed P.A. 99-90, rewriting the Illinois Marriage and Dissolution of Marriage Act (IMDMA), 750 ILCS 5/101 effective January 1, 2016. There are several revisions that will affect those divorcing this year and in years to come. For parties with children, an important rewritten provision to consider is section 513, which addresses contribution […]

Children of Divorced Parents Can Sue for College Expenses

In Illinois the Court’s generally assume parents will adequately represent their children’s interests. See Payla v. Payla, 87 Ill.App.3d 472 (3rd Dist. 1980). However, Illinois also has allowed children, albeit over the age of 18, to sue their parents for college education expenses. The issue is one of standing and whether a child, not a […]

Hard Cases Make Bad Law: Recent Trends in College Education Decisions

I recently read an article on the differences in how Illinois appellate courts are split on whether or not a child of divorce has “standing” (legal term for the right to be in court asking for something) to enforce the college education provisions in his or her parents’ divorce decree.  What does this mean in […]

How to Plan for College Expenses Post-Divorce

Paying for a child’s college education is a significant financial issue in any family, but with divorcing or divorced families, it can be especially tricky.  Often times, if parents divorce when their children are young, the marital settlement agreement does not specify each parent’s obligation because that event is many years down the road.  Therefore, […]

The College Factor: Three Points Divorced Parents Need to Consider

Navigating the college selection process and funding a child’s college education can be stressful for all parents, but can be especially stressful for parents who are divorced. Fortunately, divorced or separated parents can minimize the stress associated with college preparation through proper planning, open communication, and the involvement of both parents. Understand the Financial Obligation […]

Don’t Delay Seeking College Contribution from Your Ex-Spouse

One of the issues typically reserved in contested divorce cases is who will pay the children’s college after they graduate high school.  Typically, most Marital Settlement Agreements will reserve this issue for determination at a later date, primarily because it is difficult to forecast how each party’s financial circumstances will look when the children ultimately […]

Breaking Law in Illinois: Social Security Income Not Exempt from Payment of College Expenses

The Second District Appellate Court recently found that social security disability income can be used to satisfy an obligor’s duty to fund college expenses. In re Marriage of Truhlar, 2010 WL 3667117 (2nd Dist. Sept. 17, 2010), the parties had agreed, at the time of their divorce in 1994, to contribute to the cost of […]