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Will My Children Be Expected to Contribute to Their Own College Expenses After My Divorce?

Lawyers Help Divorced Parents and Their Children in DuPage County

A child of divorced parents may be required by the court to contribute toward their own college expenses. These contributions may take the form of scholarships, grants, or the child’s wages, as well as funds saved in a 529 college savings plan. The court’s decision is based on the financial situations of both parents and the child.

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), parents who are divorced or who are going through the process of a divorce may be ordered to help their child with college expenses. Whether such contributions are required and how much each parent must contribute depend upon the financial resources and needs of each parent.

Amendments to the IMDMA in 2016 also require a court to consider the financial resources of the child or student as well. The court has the authority to order the child to contribute toward his or her own post-high school expenses. For the purposes of this determination, a child’s financial resources may include any scholarships or grants for which the child is eligible, in addition to any income generated by the child’s employment. Any money that is being held in a 529 college savings plan is also considered part of the child’s financial resources. (See our FAQ video that addresses 529 college savings plans.)

Skilled Wheaton Family Law Attorneys

Illinois law allows the court to order contributions toward a child’s college expenses as a special form of child support for a non-minor child. There are many factors that the court will consider in making its decision, and it is important to know your rights throughout the process. An experienced DuPage County family law attorney from MKFM Law can help you understand your situation and build a case designed to protect your best interests and those of your child. Contact our office by calling 630-665-7300 today.

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1737 South Naperville Road, Suite 100
Wheaton, IL 60189
Evening and weekend hours by appointment.

We serve clients throughout Kane County, Illinois including St. Charles, Geneva, Batavia, North Aurora, Elgin, Algonquin, Aurora, Barrington Hills, Bartlett, Big Rock, Burlington, Campton Hills, Carpentersville, East Dundee, Elburn, Hampshire, Huntley, Kaneville, Maple Park, Sleepy Hollow, Wayne, West Dundee as well as throughout DuPage County.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree