DuPage County Divorce Lawyer for Children's College Expenses

Naperville college expenses and non-minor support attorney

Attorneys Assisting With Non-Minor Support in Family Law Cases in Wheaton, Warrenville, and Glen Ellyn

Following a divorce, parents will be required to provide child support and contribute toward other child-related expenses. These obligations will typically last until a child turns 18 or graduates from high school, whichever is later. However, the requirement to provide financial support for children will not necessarily end at that point. Divorced parents may also be obligated to help pay for children's college expenses, or they may be required to pay for other forms of non-minor support. To ensure that these forms of support are addressed correctly, parents should work with a skilled family law attorney.

The law firm of McSwain Nagle & Giese, P.C. provides dedicated legal help in divorce and family law cases, and we can ensure that you understand your financial obligations toward your children while they are minors and after they become adults. With over 65 years of combined experience, we understand the legal issues involved in these cases, and we will help you make sure that your children will have the financial support they need.

Contributing to 513 Expenses

Section 513 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) states that a court may order parents to contribute toward the expenses related to a child's college education or vocational or professional training. The actual amount that a parent will be required to contribute will be based on the financial resources available to both parents, college savings accounts or other financial resources available to the child, the standard of living the child would have enjoyed if their parents had not gotten divorced, and the academic performance of the child.

Educational expenses that may be considered when determining parent's financial obligations may include:

  • Tuition and fees for post-secondary education. This amount cannot be higher than the cost of in-state tuition and fees at the University of Illinois at Urbana-Champaign during the same academic year.
  • Room, board, and other housing expenses. This amount cannot be higher than the cost of a double-occupancy room in a residence hall with a standard meal plan at the University of Illinois at Urbana-Champaign during the same academic year.
  • Medical and dental expenses, including health insurance coverage for a child.
  • Living expenses during the school year and periods of recess. If the child will be residing with one parent while attending college as a non-resident student, these may include the costs of transportation, utilities, and food for the child.
  • Expenses related to applying for post-secondary education, including application fees for up to five college applications, up to two standardized college entrance exams, and one college entrance exam prep course.

A parent may pay college expenses to the child, to the other parent, or to the educational institution, and payments may be made directly or through an account or trust that has been created for this purpose. A parent's obligations may end when the child receives a baccalaureate degree, or payments may be terminated if the child does not maintain a "C" grade average, gets married, or reaches the age of 23 (or 25, if good cause is shown).

Parents may also be required to provide non-minor support for a child with a disability under Section 513.5 of the IMDMA. Disabilities may include any physical or mental impairments that limit a child's life activities and their ability to provide for themselves after reaching adulthood. The amount a parent may be obligated to pay will be based on the financial resources available to each parent, the standard of living the child would have had if the parents had remained married, and the different types of financial resources that may be available to the child, including any public benefits that can provide for the child's needs.

Contact Our Kane County Non-Minor Child Support Lawyers

Your child deserves to make the most of the opportunities available to them, and you will want to be sure they have the financial support they need before and after they reach adulthood. At McSwain Nagle & Giese, P.C., we can help you determine how you and your children's other parent will contribute toward your child's college education or other needs. Contact our office at 630-407-1200 to arrange a free consultation and learn more about the legal services we provide. We serve clients in DuPage County, Kendall County, Will County, Cook County, and Kane County, including Wheaton, Naperville, Carol Stream, Glen Ellyn, Winfield, Glendale Heights, and Warrenville.

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