If you're a divorced parent in Illinois watching your child approach their 18th birthday, you might think your financial obligations are winding down. After all, child support typically ends when your child reaches the age of majority, right? Well, not so fast. Illinois has a unique provision that can extend parental financial responsibility well beyond the traditional end of child support, and it's something every divorced parent should understand: Post high school educational expenses. 

Unlike many states where parental financial obligations end at 18 (or high school graduation), Illinois recognizes that in today's economy, a college education is often essential for a young adult's success. Section 513 of the Illinois Marriage and Dissolution of Marriage Act allows courts to order divorced parents to contribute to their child's college expenses. This can come as a shock to parents who thought they were done writing checks for their children's needs. 

What Exactly is a Section 513? 

Under Section 513 a court may direct one or both divorced parents to contribute financially to their child's post-secondary education expenses. This isn't just tuition – it can include a wide range of college-related costs that we'll explore in detail. What makes these orders particularly significant is that they can be entered even years after a divorce is final, as long as the child hasn't yet turned 23. 

The law recognizes that married parents would typically be expected to help pay for their children's college education if they have the financial means to do so. Illinois courts have reasoned that children of divorced parents shouldn't be disadvantaged simply because their parents are no longer together. This principle underlies the entire Section 513 framework. 

These orders are separate from and independent of regular child expenses. While child support and/or child expenses typically ends when a child turns 18 or graduates from high school (whichever is later), Section 513 obligations can continue until the child turns 23, graduates from college, or stops attending school on a full-time basis.

It's important to understand that orders for post high school educational expenses aren't automatic. Unlike child support or child expenses, which are typically addressed during divorce proceedings, college expense are usually reserved for further order of the court. Usually one parent files a petition seeking college contribution after the child has been accepted to college or is already attending. 

Who Can Seek a Section 513 Order? 

The most common scenario involves the custodial parent (or the parent with whom the child primarily lives) seeking contribution from the non-custodial parent for college expenses.

However, even the non-custodial parent can seek an order requiring the custodial parent to contribute to college expenses, though this is less common. This might occur in situations where the non-custodial parent has been paying child support and wants to ensure both parents contribute fairly to college costs, or where the custodial parent has significantly higher income or assets. 

The key requirement is that the petition must be filed before the child turns 23. This creates a window of opportunity that many parents don't realize exists. Some parents assume that because college expenses weren't addressed in their original divorce decree, they can't be pursued later. This is incorrect – as long as the child is under 23, the issue can be brought before the court. 

There's also an important timing consideration related to the child's college attendance. While the petition can be filed before the child turns 23, the obligation to pay typically only extends until they turn 23. Educational expenses terminate when the child either: fails to maintain a cumulative "C" grade point average, except in the event of illness or other good cause shown; attains the age of 23; receives a baccalaureate degree; or marries. A child's enlisting in the armed forces, being incarcerated, or becoming pregnant does not terminate the court's authority to make provisions for the educational expenses.

What Expenses Can Be Included? 

When most people think about college expenses, they focus on tuition, but Section 513 can cover a much broader range of costs. The statute specifically mentions "educational expenses," which courts have interpreted quite expansively. Understanding what can be included helps parents prepare financially and legally for these potential obligations. 

Tuition and fees are obviously the primary components, including not just basic tuition but also laboratory fees, technology fees, and other mandatory charges imposed by the educational institution. Room and board expenses are also commonly included, whether the student lives in dormitories or off-campus housing. However, courts do consider reasonableness – luxury apartment living might not be fully covered if more economical options are available. 

The court may require either or both parties to provide funds for the child so as to pay for the cost of up to 5 college applications, the cost of 2 standardized college entrance examinations, and the cost of one standardized college entrance examination preparatory course. 

Books and supplies represent another category that's typically included. In today's educational environment, this can be substantial, especially for students in fields requiring specialized materials or technology. Some courts have also allowed reasonable transportation costs, particularly for students attending school far from home. 

Medical expenses and health insurance can be included if they're specifically related to the child's status as a student. Many colleges require students to have health insurance, and if a child is no longer covered under a parent's policy due to age or student status changes, the cost of obtaining coverage might be apportioned between parents. 

Technology expenses have become increasingly important, especially after the COVID-19 pandemic highlighted the necessity of reliable internet access and computer equipment for education. Courts have shown willingness to include reasonable technology costs that are necessary for the student's education. 

What's typically not included are expenses that would be considered personal or lifestyle choices rather than educational necessities. Expensive spring break trips, high-end electronics that aren't required for coursework, or luxury items generally won't be covered. The standard is usually what's reasonably necessary for the child's education and basic living needs while attending school. 

How Courts Determine Parental Contributions 

Illinois courts don't simply split college expenses 50-50 between divorced parents. Instead, they consider multiple factors to determine each parent's fair share of contribution. This analysis can be complex and often requires detailed financial disclosure from both parents. 

The most significant factor is each parent's financial resources. Courts examine current income, assets, earning capacity, and overall financial circumstances. A parent with significantly higher income or substantial assets may be required to pay a larger share of college expenses. However, courts also consider each parent's other financial obligations, including support for other children, reasonable living expenses, and debt obligations. 

The actual costs of  housing expenses, whether on-campus or off-campus, provided that the housing expenses do not exceed the cost for the same academic year of a double-occupancy student room, with a standard meal plan, in a residence hall operated by the University of Illinois at Urbana-Champaign.

Enforcement and Modification of Section 513 Orders 

Parents who fail to comply with an order for post-high school educational expenses can face contempt of court proceedings, wage garnishment, and other enforcement mechanisms. However, these orders can also be modified if circumstances change significantly. 

If a parent experiences a substantial change in financial circumstances – job loss, serious illness, or other major life changes – they can petition the court to modify their contribution obligation. Similarly, if the child's circumstances change significantly, modification might be appropriate. 

Common reasons for modification include the student's academic performance declining substantially, or changes in the student's living situation that affect costs. If a student decides to change majors in a way that extends their time in school significantly, this might also warrant modification of the order. 

Some parents try to avoid Section 513 obligations by claiming they don't believe in paying for their children's college education or by arguing that the child should be self-sufficient at 18. Illinois courts generally reject these arguments, focusing instead on the parents' financial ability to contribute and the child's reasonable educational needs. 

Strategic Considerations for Parents and Students 

For parents going through divorce, addressing potential college expenses during the divorce proceedings can provide clarity and avoid future litigation.

Parents should be aware that their financial circumstances at the time college expenses arise will be examined, not their circumstances at the time of divorce. This means that career advancement or other positive financial changes could increase their obligation, while financial setbacks might reduce it. 

Students and custodial parents seeking Section 513 relief should be prepared to demonstrate the child's commitment to education and the reasonableness of the requested expenses. Maintaining good grades, showing progress toward a degree, and choosing educational options that provide good value can strengthen their case. 

For non-custodial parents who might face Section 513 petitions, staying involved in their child's educational planning and maintaining good communication about college choices can help avoid surprises and potentially reduce conflicts. Being proactive about discussing college plans and financial expectations can sometimes lead to agreements that avoid the need for court intervention.