Can a Parent Be Legally Required To Pay College Expenses in Illinois?

 Posted on July 21, 2025 in Finances and Divorce

In Illinois, courts can require a parent to help pay for their child’s college expenses, even after the child turns 18 and outside of child support payments. This often comes as a surprise. If your child is preparing for college, it is important for you to understand your legal responsibilities and how decisions about who pays for what are made. A Wheaton, IL parental responsibilities lawyer can help you navigate these issues and protect your financial interests.

What Expenses Can the Judge Order Parents To Pay?

Under Illinois law, specifically 750 ILCS 5/513, the court has the authority to order one or both parents to contribute to a child’s college costs. These costs are not limited to just tuition. A judge may also order payment for the following:

• Room and board, on or off-campus

• Meal plans

• Medical and dental insurance and expenses

• Books and school supplies

• Transportation

• Reasonable living expenses during school breaks

The court generally caps these expenses at the cost of attending the University of Illinois at Urbana-Champaign. This cap helps prevent one parent from being forced to pay for luxury or out-of-state options unless both parents agree or the court finds a reason to exceed the cap.

Parents may also be required to pay for some pre-college expenses. This can include the cost of up to five college applications, two college entrance exams, and one exam prep course.

Factors the Court Will Consider if a Parent Files a Petition for College Expenses in Illinois

Just because one parent files a petition does not mean the judge will automatically approve it. Courts must consider several factors, including both parents’ finances and the standard of living the child would have enjoyed if the parents had stayed together. Financial resources like scholarships, grants, and student loans are taken into account as well. The court will also look at your child’s academic performance and commitment to their education.

The Illinois Marriage and Dissolution of Marriage Act outlines all considerations for cases like these. However, your case will be assessed based on the unique details of your situation. This means the court has discretion, and a judge is unlikely to force a parent to contribute if doing so would cause financial hardship, especially if the child is not making a serious effort to succeed in school.

How Long Do You Have To Pay for College Expenses in Illinois?

Typically, the obligation to contribute to college expenses lasts until the student earns a bachelor’s degree or turns 23, whichever comes first. However, the court may extend that deadline to age 25 if there is good cause, such as a delay caused by medical issues or other hardships.

There are also reasons a parent’s obligations might end early. For example, if your child got married while in college or failed to maintain at least a C average, the court may decide to end the contribution requirement. Keep in mind that parents are not typically required to pay retroactively. If you need help with college costs, you should file your petition as early as possible so the court can set obligations going forward.

Schedule a Free Consultation With a Wheaton, IL Family Law Attorney

If you have questions about who should pay for your child’s college education, an experienced DuPage County, IL parental responsibilities lawyer at Andrew Cores Family Law Group can help. Whether you are looking to establish, enforce, or modify a support order, we will guide you through the process and help protect your rights. Call 630-871-1002 to schedule your free consultation today.