Can an Illinois Parent Be Forced to Pay for College?

 Posted on July 10, 2025 in College Expenses

As children grow up and begin preparing for college, divorced and unmarried parents often wonder whether they are legally required to help pay for tuition and other expenses. In Illinois, the answer may come as a surprise: A parent can be ordered by the court to contribute to a child’s post-secondary education, even after the child turns 18.

This issue often comes up in family law cases involving child support modifications or disagreements about who will pay for college. If you are trying to find answers to these kinds of questions, speak with a Naperville, IL family law attorney to understand how Illinois law handles these situations.

What Does Illinois Law Say About College Expenses After Divorce?

Under the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/513, courts have the authority to require one or both parents to contribute to a child’s college expenses. These contributions can cover tuition and fees, room and board, medical and dental insurance, books and supplies, and reasonable living expenses.

The law does not require parents to pay for every type of school. Courts will typically limit obligations to costs that do not exceed those at the University of Illinois at Urbana-Champaign unless the parents agree otherwise.

How Do Courts Decide Whether to Order a Parent to Pay a College Student’s Tuition?

The court will consider several factors before deciding if a parent must help pay for college. These factors include:

• The financial resources of both parents

• The financial resources of the child, including savings and scholarships

• The child’s academic performance and ability

• The standard of living the child would have had if the parents had remained married

In other words, this is not automatic. If a parent cannot afford to pay, or if the child is not attending school full-time or is not maintaining passing grades, the court may limit or deny the request.

Can You Be Forced to Pay for Your Child’s College Without a Court Order?

A parent cannot be required to pay for college expenses unless the issue is raised in court. That means if your divorce judgment or parenting agreement does not already include college costs, the other parent would need to go back to court and ask for a modification.

It is also important to note that post-secondary support is not considered traditional child support and can continue even after a child turns 18 and is no longer living at home.

Schedule a Free Consultation with a DuPage County, IL Family Law Attorney

If you are dealing with a disagreement over college costs or need help modifying your divorce agreement, speak with a Naperville, IL family law attorney at Pesce Law Group, P.C. by calling 630-352-2240 and scheduling a free consultation. We are here to help you understand your rights and obligations under Illinois law.