Many parents with college-bound children have the following questions:
Is it okay if I wait to file a petition to have my ex-spouse contribute to college expenses until after my child starts college?
It depends on the language in your Judgment for Dissolution of Marriage. Usually, when parents divorce and a Judgment for Dissolution of Marriage is entered, it does not address whether or how much each party will have to contribute to each child’s college expenses. While many Judgments have language that reserves the issue of each party’s obligation to contribute to their child(ren)’s college expenses, it does not specifically require a parent to contribute or specify how much each party will have to contribute. Often this is because the child(ren) are not yet college age, the parties don’t know whether or where the child will be attending college, the cost of tuition, whether the child will be receiving scholarships or financial aid, or what each party’s ability to pay for college expenses will be. If your Judgment only reserves the issue as to each parent’s obligation to contribute to college expenses, it is necessary that you file a petition for contribution to college expenses prior to the expenses being incurred, as the Court cannot order a parent to contribute to college expenses that predate the filing of the petition. On the other hand, if the Judgment specifically requires a parent to contribute to the expenses, then the Court may order that parent to contribute to college expenses which have already been incurred, even if the Judgment does not state specifically how much he/she will have to contribute.
If my child wants to attend a university that costs more than the University of Illinois, can the Court order my ex-spouse to contribute to the additional cost?
If your child wishes to attend a college or university where the costs of tuition and housing expenses are more expensive than the current costs at University of Illinois at Urbana-Champaign, and you and your ex-spouse do not agree to cover the additional cost, the court may only order the parents to pay those costs up to the current cost of tuition and housing expenses at the University of Illinois at Urbana-Champaign, except for good cause shown.
Will my ex-spouse still have to help pay for my child’s medical expenses once he is in college? And living expenses?
Even though your ex-spouse’s child support obligation ended, he or she may still be required to contribute to the cost of your child’s medical insurance and medical and dental expenses during college, even if he/she did not agree to do so past the date his/her child support obligation ended. The Court may order a parent to contribute to other costs besides tuition and housing pursuant to a petition for contribution to college expenses, including not only medical insurance, medical and dental expenses, but also reasonable living expenses.