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POST HIGH SCHOOL EDUCATION |
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If the mother has custody and the father is paying child support, isn't it the father's obligation to pay the total bill for the child's post-high school education or training? |
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Is it likely that the obligation for post-high school education or training will last more than four years? |
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If the children are still young, is there a need to make specific provisions for the children's post-high school education now? |
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Can a child continue in college regardless of how poor the grades are? |
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I prefer that my children attend a public/state school, such as Northern Illinois University , University of Illinois , McHenry County College etc. Will the court sustain my preference? |
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I thought child support ended when a child turns 18 or graduates from high school. Doesn't 18 mean I'm through? |
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If I am married the law can't require me to send my kid to college. As a divorced parent, shouldn't I be treated equally to married parents? |
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My child and I have been alienated for years. We have not talked to each other. But I have faithfully paid child support. Do I have to pay for this child's college education? |
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What about a trade school? You have only addressed colleges. |
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What is the ratio of responsibility between the parents for post-high school educational expenses? |
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How can I limit, or place a cap on, what will be spent for my child's post-high school education? |
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I have custody of my child. Next year she will be going to college. She has chosen a community college and will be living at home. Will the child support continue? |
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If the mother and father's finances are tight, can the child be required to contribute to his educational expenses? |
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My child has been a marginal high school student. He had a hard time maintaining a C average. He is not college material. Will the court require me to contribute to his college education? |
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My child is now in college and intends to go on to graduate school. Will I have to continue to pay for educational expenses through graduate school? |
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If my child marries while in college, am I still obligated for her educational expenses? |
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| Q: |
If the mother has custody and the father is paying child support, isn't it the father's obligation to pay the total bill for the child's post-high school education or training? |
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No, not usually. Usually it is a joint obligation of both parents and it depends on the financial resources of each parent, and also depends on the financial resources of the child. |
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Is it likely that the obligation for post-high school education or training will last more than four years? |
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No. There has been no reported Illinois case in which a parent was required to provide for a child's graduate school expenses. |
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| Q: |
If the children are still young, is there a need to make specific provisions for the children's post-high school education now? |
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No. You may provide in your agreement that the court "reserves jurisdiction" on the issue of post-high school education or training and you may either come to an agreement on this later, or later present it to the judge for decision. |
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Can a child continue in college regardless of how poor the grades are? |
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No. In one appellate court case the trial court judge was affirmed in ruling that the child must maintain at least a C average. |
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| Q: |
I prefer that my children attend a public/state school, such as Northern Illinois University , University of Illinois , McHenry County College etc. Will the court sustain my preference? |
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Yes, probably. Illinois courts have a bias in favor of sending children to public/state schools. The burden is usually placed on the party wishing to send the child to a private school to prove greater benefits of the private school and the affordability of the private school. |
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| Q: |
I thought child support ended when a child turns 18 or graduates from high school. Doesn't 18 mean I'm through? |
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No. The Illinois Marriage and Dissolution of Marriage Act (which in this case also applies to non-marital children) states that the court "may make provision for the educational expenses" of a child over 18. |
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| Q: |
If I am married the law can't require me to send my kid to college. As a divorced parent, shouldn't I be treated equally to married parents? |
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No. A case, Kujawinski v. Kujawinski, went to the Illinois Supreme Court on that issue. The Illinois Supreme Court held that the law authorizing the court to make divorced parents pay for their children's post-high school education expenses is constitutional because there is a significant difference between divorced and non-divorced parents and their respective attitudes toward their children. |
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| Q: |
My child and I have been alienated for years. We have not talked to each other. But I have faithfully paid child support. Do I have to pay for this child's college education? |
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Yes. In a case where the father complained that the relationship with his child was "less than satisfactory," and another case where the father stated the daughters had "isolated themselves from their father," the courts did not excuse the father from paying for the children's education expenses. |
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| Q: |
What about a trade school? You have only addressed colleges. |
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The court should not make a distinction between a college and a trade school, but where a marital settlement agreement placed a financial obligation on the father if the child "attends college on a full time basis" it placed no obligation on the father for the child attending trade school. |
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| Q: |
What is the ratio of responsibility between the parents for post-high school educational expenses? |
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The law requiring parents to contribute to the post-high school education of the children states the payment should be "as equity may require," that is, a fair division. In fact, most divorces are based on the written agreement of the parties (marital settlement agreement) and the college education issue is not decided by the judge. The marital settlement agreement usually, but not always, states how the educational costs will be shared. In usual circumstances, my view of what is fair is that it should be in ratio to the parents' incomes. |
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| Q: |
How can I limit, or place a cap on, what will be spent for my child's post-high school education? |
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By picking a benchmark school in the agreement, or suggesting a benchmark school to the judge at a trial. In most cases the most important factor of what it will cost a parent for a child's post-high school education is not the ratio of payment between the parents, but the school which the child attends. The cost at the community college can be in the range of $1,000 to $2,000 per year, but the cost at an exclusive private institution may exceed $40,000 a year. You can limit your exposure by having the marital settlement agreement state that the parental liability for the child's post-high school education shall not be more than is charged by a particular college at the time of the divorce judgment. |
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| Q: |
I have custody of my child. Next year she will be going to college. She has chosen a community college and will be living at home. Will the child support continue? |
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No. The child support terminates when the child turns 18, or finishes high school. The obligation for a child's post-high school education is a joint one between the parents. A frequent way this obligation is met under your circumstances is for the father to pay all the child's college expenses, but for the mother to continue providing room and board for the child. If, however, the cost of room and board for the child reasonably far exceeds the educational costs, the father should, in my opinion, make a contribution to the child's room and board. |
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| Q: |
If the mother and father's finances are tight, can the child be required to contribute to his educational expenses? |
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Yes. The agreement between the parents can place the obligation on the child to apply for loans, grants and scholarships for which he qualifies. |
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| Q: |
My child has been a marginal high school student. He had a hard time maintaining a C average. He is not college material. Will the court require me to contribute to his college education? |
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In a case involving a student attending Northern Illinois University the subject child was 20 years old and had been attending NIU for two years. She was a semester behind because she took only 11 to 12 credit hours per semester, rather than the average of 15 to 16. At the end of two years she failed two courses, accumulated 15 hours of D grades and had withdrawn from a course. The appellate court approved of the trial court's decision that the father's liability for the continued educational expense of this child was dependent on the child maintaining at least a C average. |
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| Q: |
My child is now in college and intends to go on to graduate school. Will I have to continue to pay for educational expenses through graduate school? |
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No. There has been no case in Illinois requiring parental educational contributions beyond a four year degree. |
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| Q: |
If my child marries while in college, am I still obligated for her educational expenses? |
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No. A child, upon marriage, is considered emancipated. |
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