I am pretty good and interpreting the law - legal assistant. Let me look at the Il court site or laws and get back to you.

Your Illinois Family Law Advocates      
Child Support and College ExpensesIllinois law1 gives judges the power to allocate college expenses (room board, tuition, and other expenses2 – even expenses incurred during school breaks3) for children whose parents are divorced. Most Judgments and Settlement Agreements speak only vaguely of this requirement as all judges and most parents prefer to take a wait-and-see approach to college expenses. After all, what if the child doesn't turn out to be college material? Other parents go to great lengths to spell out the extent of their respective obligations although this is probably not a sound strategy.4 Even when a Judgment contains very specific formulas or allocations stating which parent will pay what percentage of the cost of a college education, those plans are always modifiable.5 This is because payments for college expenses are in the nature of child support, and child support is always modifiable. So, if you signed an agreement to pay a certain amount of your child’s college expenses, but now need to renegotiate that agreement, there is always a way to do that. Call our attorneys to learn more. Parents of children born out of wedlock may also apply with the court for college support from the other parent.6 One primary concern of divorcing parents (at the time of the divorce) is that they have a voice in the selection of the school and curriculum for their child. Why, after all, should a divorced parent be forced to pay for an education that he or she could refuse to pay for if still married? Although the law contains no such requirement, a well-crafted agreement can impose an obligation that a consensus be sought between student and both parents before a financial commitment is made.7Unlike child support, the parents' contribution to college expenses is not dictated by a formula or guideline spelled out in the law – it is left to the discretion of the judge.8 The court must consider many factors – including the income and assets of both parents9 and the financial resources available to the child,10 as well as the child's academic performance (good grades tend to get more money, poor grades tend to get less)11 and the standard of living the child would have enjoyed had the parents not divorced.12 The court may even consider the income of a second spouse and the expenses of a second family13 as well as the payment or receipt of maintenance (alimony) in making its determination.14 There is no requirement that judges are restricted to a financial limit equal to the expenses of a state university education. There also is no specific restriction on the type of school that the child may attend. The law covers a "college education or professional or other training,"15 and that has been held to include trade schools.16 Some courses of training, however, won't qualify in all circumstances: DeVry Institute of Technology qualified in one case as "an education at the college or university level,"17 but the "Automotive and Diesel College" did not qualify as part of the "college and professional education expenses of the children."18 The duration of the education is limited, but only in the most broad sense.19If your child is admitted to an Ivy League university, you won't necessarily have to pay Ivy League prices. Illinois courts tend to prefer State schools over private schools if the programs are similar.20 Some Judges apply an absolute threshold test: no parent will be expected to pay more than a certain amount minus grants.21 Courts have also held that a parent need not pay for private school if the child has been accepted at a public school and the financial means are insufficient to reasonably afford the private school.22 A parent should not be ordered to pay more for college than he or she can afford.23 For more affluent parents that can afford private schools, however, a college education at a private school may be mandated by the court.24The law does not give kids a free ride. In some cases, be expected to apply for financial aid and take other steps to help keep costs down.25 Indeed, one court has said "the children themselves have an obligation to lessen their parent's financial burden" by attending less costly state universities.26 There is no requirement that the child have or maintain a good relationship with either parent.27 On the other hand, a child's relationship (or lack thereof) with the parents is a factor that courts have considered in some cases.28One problem arises in most college expense cases: the tuition bills come in and must be paid whether the parents agree or not. Illinois' child support laws, however, say that a parent cannot sue for retroactive child support. That means that if one parent pays tuition and fees as they come due, the law may prevent them from being able to recover later a reimbursement from the other parent. The law seems to require parents to go to court and allocate the burden of college educational expenses BEFORE the costs are incurred. This can be a useful defense in some instances. There is, however, another way to present tuition and other payments to the court after-the-fact and still recover a reimbursement – even retroactively.29 Be sure to talk with a knowledgeable attorney to learn your options.Access To Transcripts, Records, And Grade Reports: Non-custodial parents have a right to grade reports and student records.30 That’s about it, though. The law is very, very stringent in what it offers parents who pay for college expenses. In one case, the father was required to pay 50% of his daughter’s college expenses, but was not allowed to know even the name of the college she attended.Kids Can Sue For Themselves: Illinois law permits children to sue their divorced parents for college expenses.31 The right depends on the court's interpretation of the language of the divorce agreement (assuming there is one). To learn more, contact one of our attorneys.« Previous: Custodial Parent’s Duty to Account for Child... Next: Child Support Calculator »Proudly serving greater Chicago and the Illinois counties of Cook, DuPage, Will, Kane, McHenry and Lake since 1991.Copyright © 2007   illinoisdivorce.comCowell Taradash, P.C. All Rights Reserved.Disclaimer  Better Business Bureau Participant

As to this part...

"Kids Can Sue For Themselves: Illinois law permits children to sue their divorced parents for college expenses."

Is that true of non-divorced parents as well? If not, I think this one should go all the way to the supreme court. Why should a child of divorced parents have the right to sue their parents for college if the same is not true for all children/parents. That is absolutely ridiculous. I really think the court system set all these laws into place over the years in an attempt to discourage divorce.

Here's another favorite of mine

"The court must consider many factors – including the income and assets of both parents9 and the financial resources available to the child,10 as well as the child's academic performance (good grades tend to get more money, poor grades tend to get less)11 and the standard of living the child would have enjoyed had the parents not divorced."

That last one gets me every time. I know that it is important for the filthy stinkin' rich people. But the rest of us are thrown into such a financial crunch. How can the court expect us to maintain the same amount of luxuries for our kids, and YES college is a luxury not a right, as when we had two incomes and one household? I would really like to see this law revised.

Peace, love, and red wine

spoiled and inconsiderate adults???? Go ahead and pay for all college expenses. Make sure you pay for the beer too, so the kid doesn't feel out of place???

College is a choice. There are loans, grants, scholarships, commuity colleges, jobs. They pick!

Parents can help by not charging rent if their kid is going to a commuity college (and doing well).

I had three kids----they paid for everything (and still are paying). They can afford it now. Why should I mortgage my house so that the minute they graduate they have no debt????

Kim--I think you'll be OK. Judges have kids in college too, and they know higher education costs.

First, your SD18 may be attending a college with a 29K sticker price, but her "net cost" after government grants, loans and work-study will be well below the sticker price. College pricing is not unlike car pricing--the price you see on the window is not what you pay and everybody knows it, including judges. BM may be too stupid to realize this.

Second, the court is aware that there are thousands of state colleges and community coleges that cost much, much less that private colleges. You can easily argue that it's SD's CHOICE to attend an expensive private institution, so she should carry the responsibility for her CHOICE. She cannot make the argument that the 29K college is the ONLY college she can attend. Geez!

Many college students finance their education with loans. Your SD should be no exception. But beware! Look at your SD's "Financial Aid Package" (hey, if she expects you to pay, you should see what the college is offering and what your net cost will be). If the package is stacked with a "Parent Plus" loan or any other loans that you have to co-sign for, you will own that loan upon signing. So be careful! Your credit report will reflect co-signed student loans, and if SD18 drops out and defaults on her payments, you are STUCK for years.

I think you'll be OK if this goes to court, but play the student loan game very, very carefully.

I am dreading this.. We set up a college fund in ea. of the skids names.. and contribute $50/mth to ea. That is ALL they are getting. I will be very upset if the bm tries to get us into court to pay for these things.

BM's dh put himself through school, I put my self through school.. dh and bm didnt go to school (hmmmm... interesting.. ) and I have told my dh that WE will not be paying for the skids educations.. they are going to have to be responsible adults and pay for their own.

Also, most college financial packages.. they want the custodial parents information.. not the noncustodial.

Wait.. SHE used her children's college funds on herself???? Did he have this documented?? because.. if she EVER brings you to court for the college.. then I would say.. ummmm.. its w/you.. and you need to make that fund whole PLUS interest since it was taken out. THAT should be his ONLY contribution.

Holy cow.. she does have ba lls.. crap! I cant believe she almost got him to pay off the taxes on it.

I also cant believe the irs let her get away w/signing your dh's name.. which is technically FORGERY!