Can an Illinois Court Order a Parent to Pay for College After Divorce?

 Posted on March 03, 2026 in Alimony

Divorce changes a lot of things for a family, including who pays for college. As kids get closer to graduation, parents often ask: Can a court actually order a parent to help cover college costs? In Illinois in 2026, the answer is yes. Speaking with an experienced Rolling Meadows, IL divorce lawyer can help you understand what the court may require and how to protect your finances while supporting your child.

Does Illinois Law Allow a Court to Order Parents to Pay for College?

Illinois is one of the few states in the country that allows courts to order divorced parents to contribute to a child's college education. This authority comes directly from state law. Under 750 ILCS 5/513, the Illinois Marriage and Dissolution of Marriage Act gives courts the power to order support for a child's educational expenses after the child turns 18. A court can require one or both parents to pay for tuition, fees, housing, books, and related costs even after the child is legally an adult. This is a separate obligation from regular child support, which typically ends at 18.

What Factors Does the Court Look at when Deciding College Contributions?

A judge does not simply split college costs down the middle. Illinois courts look at the full picture of each family's situation before making any order. The court weighs several factors, including:

• The financial resources of each parent.
• The financial resources of the child, including savings, scholarships, or grants that are already available.
• The standard of living the child would have had if the parents had not divorced.
• The child's academic performance and whether the chosen school is a realistic fit.
• The child's ability to contribute through part-time work or student loans.
• The actual cost of the college or university the child plans to attend.

No single factor automatically increases or decreases a parent's obligation. Courts look at everything together.

Which College Costs Can an Illinois Court Require a Parent to Pay?

The scope of what a court can order is broad. Costs that may be covered include:

• Tuition and required school fees.
• Room and board, whether the student lives on or off campus.
• Books, supplies, and course materials.
• Medical insurance costs, if not otherwise provided.
• Transportation between school and home.

The cost of college has risen significantly in recent years. According to the College Board, the average annual cost of attending a four-year public university, including tuition, fees, and room and board exceeds $30,000 for in-state students. For divorcing parents, that figure can quickly become a major source of conflict. You can learn more about how these disputes are handled on our firm's college expenses page.

Are There Any Limits or Conditions on this Obligation?

Illinois law does not give courts unlimited authority to order college contributions. There are important boundaries to know.

First, the child must be making reasonable academic progress. A student who stops attending without a valid reason may lose the right to continued support.

Second, courts will not order more than the in-state tuition rate at the University of Illinois at Urbana-Champaign. This cap is built into the law to limit each parent's financial exposure.

Third, the obligation generally ends when the child turns 23 and never later than age 25.

Fourth, the child must sign authorizations or written permission forms giving both parents access to academic and tuition records. If the child refuses, a parent may have grounds to seek relief from the obligation.

What Should You Do if Paying for College Expenses Becomes a Point of Conflict?

College expense disputes can come up before, during, or long after a divorce is final. Parents often disagree on which school the child should attend, how costs should be split, or whether one parent should pay at all. The time to act is before enrollment decisions are made and not after tuition bills arrive.

Start by documenting your finances. Gather records of your income, assets, and existing support obligations. If you are the parent seeking contributions, be ready to show the child's academic record and the actual costs of the school. And make sure you talk to an experienced attorney who can help you manage this sensitive issue.

Schedule a Free Consultation with a Rolling Meadows, IL Adult Child Support Lawyer

If you are dealing with college expense questions as part of a divorce or post-divorce matter, you do not have to figure this out on your own. That is where the experienced Arlington Heights, IL family law attorney at the Law Offices of Donald J. Cosley comes in. Don Cosley personally handles all aspects of his cases. When you call him with questions, you will speak with him directly and not a paralegal or assistant. Call the Law Offices of Donald J. Cosley today for a free consultation.