Divorce and Education 

March 22, 2017

Education costs after divorce

Going through a divorce and all of its emotional and physical disruption is hard enough without having to worry about the future of your financials and how they will impact your children.  Therefore, it’s important to understand your rights in regards to who pays for your children’s education once your divorce is finalized.  Help from a licensed Illinois divorce attorney can greatly help you navigate through the ins and outs of allocating agreements for education. 

Educational support of a non-minor child is awarded by the court out of the property and income of either or both parents, or the estate of a deceased parent.  Unless both parents agree otherwise, all expenses related to education are subject of a petition and should not occur later that the student’s 23rd birthday, and in extreme circumstances, no later than his or her 25th birthday.  

If you are in need of a Madison County divorce attorney and have minor children, please contact Besserman Law Firm today for more information on how they can help.  We assist folks in Alton, Edwardsville, Collinsville, O'Fallon, Belleville, and Fairview Heights as well.
What is included
The court typically will require all parties to complete a free application for Federal Student Aid (FAFSA) and various other financial aid forms as well.  Additionally, the court may also require that either or both parents provide funds for the child to pay:

  • the cost of up to 5 college applications
  • 2 standardized college entrance exams
  • 1 standardized college entrance exam preparatory course
The following educational expenses are included but not limited to the following:

  • Tuition and fees of post-secondary schooling
  • Housing, on or off campus with mean plan, including off campus living as well
  • Student’s medical expenses; medical insurance, and dental expenses
  • Reasonable living expenses

 An account opened prior to a divorce this is used for the child’s post-secondary education or the like is considered by the court to be a resource of the child unless any post-judgment contribution is made by a party to the account. 
Furthermore, the child is not considered a third party beneficiary to the settlement or judgment between the parents and is not entitled to file a petition for a contribution.  In the event of a death or legal disability of a party who would have had the right to file a petition for contribution, the child would then have the right to do so.
If you are in need of a Madison County divorce attorney and have minor children, please contact Besserman Law Office, LLC today for more information on how they can help.  

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