Can Illinois Require Divorced Parents to Pay for Their Child's College?

 Posted on September 03, 2025 in Child Support

Paying for college is a major financial undertaking, and many divorced parents wonder if Illinois law requires them to contribute. The short answer is yes. Illinois courts can order parents to help cover their child’s college costs after divorce, but that does not necessarily mean they will. To learn more about how this might impact your finances, speak with a DuPage County, IL divorce attorney about your specific situation.

What Does Illinois Law Say About College Expenses After Divorce?

Illinois is one of the few states where courts can order divorced parents to contribute to their child’s college education. As of September 2025, judges continue to have the authority to allocate expenses related to post-secondary education under Section 513 of the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/513. These expenses can include:

• Tuition and fees, capped at the rate charged by the University of Illinois at Urbana-Champaign for in-state students

• Housing, whether on-campus or off-campus

• Medical and dental insurance

• Books, supplies, and other reasonable living expenses

Does Child Support Automatically Include College Expenses?

Standard child support in Illinois generally ends when a child turns 18 or graduates from high school, whichever happens later. College expenses are considered separately. A parent must either request that the court address these costs during divorce proceedings or file a petition later.

How Do Illinois Courts Decide Who Pays for College?

Judges do not automatically split costs equally between parents. Instead, they consider factors such as each parent’s financial resources, the child’s own resources like scholarships or part-time income, the standard of living the child would have enjoyed if the marriage had not ended, and the child’s academic performance and ability to complete a degree program. 

Depending on these circumstances, one parent may be ordered to pay more than the other. On the other hand, if contributing to these costs is not reasonable given the family’s circumstances, the court can decline to order either parent to pay.

Can Parents Agree on College Costs Without Going to Court?

Parents can always negotiate college contributions as part of their divorce settlement. This can prevent future disputes by setting clear expectations for how tuition, housing, and related expenses will be divided. If a parent’s financial situation changes significantly, they can request a court-ordered modification.

What if I Cannot Afford to Pay for My Child’s College Expenses?

Not all parents have the financial ability to contribute substantially to college costs. If you can demonstrate that your income or circumstances make payment unreasonable, the court may reduce or limit your obligation. Providing accurate financial information is essential for protecting your rights.

Contact a DuPage County, IL Divorce Lawyer

If you are concerned about being ordered to pay for your child’s college education after divorce, it is important to understand your rights and obligations under Illinois law. A Wheaton, IL divorce attorney at Fawell & Fawell can review your situation, explain how the law applies, and represent your interests in court or during settlement negotiations. Call 630-871-2400 today to schedule a free consultation.