Illinois is one of only a handful of states where courts can order divorced parents to pay for their child's college education. Under 750 ILCS 5/513, Illinois courts have authority to allocate post-secondary educational expenses between both parents—and sometimes the child—until the child turns 23 or earns a bachelor's degree. The financial obligation is capped at the in-state tuition rate of the University of Illinois at Urbana-Champaign, approximately $18,476 per year in tuition and fees as of the 2025-2026 academic year. This means that even if your child attends a more expensive private university, your court-ordered contribution cannot exceed what you would pay at UIUC.
Key Facts: Illinois Child Support and College Expenses
| Category | Details |
|---|---|
| Governing Statute | 750 ILCS 5/513 |
| Filing Fee | $250-$388 (varies by county; Cook County charges $388) |
| Residency Requirement | 90 days for at least one spouse |
| Tuition Cap | In-state UIUC rate (~$18,476/year tuition and fees) |
| Age Limit | 23 (or 25 with good cause shown) |
| Termination Events | Marriage, bachelor's degree, GPA below C, age 23 |
| Retroactivity | Only to date of filing petition |
| Pre-College Costs | Up to 5 applications, 2 entrance exams, 1 prep course |
How Illinois Differs from Most States on College Support
Illinois courts can legally compel divorced parents to contribute to college costs, while most states cannot. Under 750 ILCS 5/513, divorced parents may be ordered to pay post-secondary educational expenses including tuition, fees, housing, books, medical costs, and reasonable living expenses. This obligation extends beyond the typical child support termination age of 18-19 and can continue until the child turns 23 or completes their undergraduate degree. The statute creates a separate legal framework from standard child support under 750 ILCS 5/505.
Standard child support in Illinois terminates when a child turns 18, or 19 if still enrolled in high school. However, the college contribution obligation under Section 513 operates independently and requires a separate petition. Parents who assume their financial obligations end at 18 may face unexpected court orders to contribute toward higher education expenses years later. This distinction catches many Illinois parents off guard during divorce proceedings.
The practical impact is substantial. Illinois joins only about 10 states that allow courts to order college support, including Connecticut, Iowa, Massachusetts, Missouri, New Jersey, New York, Oregon, Utah, and Washington. In the remaining 40 states, parents have no legal obligation to fund their adult children's education unless they voluntarily agree to do so in a settlement agreement.
What Expenses Does Section 513 Cover?
Illinois Section 513 covers tuition, fees, housing (on-campus or off-campus), medical expenses, books, supplies, and reasonable living expenses during the academic year and recess periods. The statute explicitly lists these categories in 750 ILCS 5/513(d), giving courts broad authority to allocate the actual costs of college attendance between parents. However, the total contribution for tuition and fees cannot exceed what a student would pay at the University of Illinois at Urbana-Champaign for that same academic year—approximately $18,476 for 2025-2026.
Covered College Expenses Under Section 513
| Expense Category | Covered? | Notes |
|---|---|---|
| Tuition and fees | Yes | Capped at UIUC in-state rate (~$18,476) |
| On-campus housing | Yes | Actual costs covered |
| Off-campus housing | Yes | Reasonable costs covered |
| Meal plans/food | Yes | Reasonable living expenses |
| Books and supplies | Yes | Actual costs covered |
| Medical expenses | Yes | Health insurance and care |
| Transportation | Possibly | If deemed reasonable living expense |
| Personal expenses | Possibly | Must be reasonable |
| Graduate school | No | Section 513 covers undergraduate only |
Pre-College Expenses
Section 513 also addresses pre-college costs that arise before the student enrolls. Parents may be required to fund up to five college applications, two standardized college entrance exams (SAT or ACT), and one associated preparation course under 750 ILCS 5/513(b). Additionally, both parents must complete the Free Application for Federal Student Aid (FAFSA) when required by the child or custodial parent. Failure to complete the FAFSA can result in court sanctions.
The Four Factors Illinois Courts Consider
Illinois courts evaluate four specific statutory factors when allocating college expenses between divorced parents under 750 ILCS 5/513(j). The first factor examines each parent's present and future financial resources to meet their own needs, explicitly including retirement savings. The second factor considers what standard of living the child would have enjoyed if the marriage had not been dissolved. The third factor looks at the child's own financial resources. The fourth factor evaluates the child's academic performance and commitment to education.
Factor 1: Parents' Financial Resources
Courts examine income, assets, debts, and retirement savings for both parents. A parent earning $150,000 annually with minimal debt will likely be ordered to contribute more than a parent earning $50,000 with significant obligations. Importantly, courts must consider retirement savings—a parent cannot be ordered to deplete retirement accounts to fund college expenses.
Factor 2: Marital Standard of Living
This factor asks: what educational opportunities would this child have had if the parents stayed married? If both parents are professionals who attended private universities and had combined household income of $300,000, courts may order contributions reflecting that standard. Conversely, if the family had modest means, expectations adjust accordingly.
Factor 3: Child's Financial Resources
Courts consider scholarships, grants, 529 savings plans, custodial accounts, and the child's earning capacity. A child who receives a $15,000 annual scholarship reduces the parental contribution burden. Courts also consider student loans as part of the child's contribution. Many Illinois judges order a three-way split: one-third each from both parents and the child (through loans, work-study, or savings).
Factor 4: Academic Performance
Students must demonstrate commitment to their education. Courts look at high school grades, standardized test scores, and the child's overall academic trajectory. A student with a 3.8 GPA and strong SAT scores presents a more compelling case than one with marginal academic history. This factor also becomes relevant for ongoing obligations—students must maintain a cumulative C average to continue receiving support.
How the UIUC Tuition Cap Works
Illinois caps parental college contribution at the in-state undergraduate tuition and fees charged by the University of Illinois at Urbana-Champaign, currently approximately $18,476 per year for 2025-2026. This cap applies regardless of which institution the child attends. If your child enrolls at a private university costing $60,000 annually, the court cannot order you to pay more than the UIUC equivalent. The child bears responsibility for the difference through scholarships, loans, or their own resources.
This cap serves important policy goals. It prevents courts from forcing parents to fund expensive private education against their wishes while ensuring children have access to quality public education funding. The benchmark also applies to housing and living expenses—courts typically reference what a student would pay for UIUC room and board (approximately $14,020 annually) when allocating housing costs.
Practical Application of the Cap
Consider this scenario: Your child enrolls at Northwestern University where tuition alone exceeds $60,000. Under Section 513, the court can only order you to contribute up to the UIUC cap (~$18,476 for tuition/fees). If both parents are ordered to contribute equally, each would pay approximately $9,238 toward tuition. The remaining balance—roughly $42,000—falls to the child through scholarships, loans, or other resources.
However, if your child attends a community college charging $4,000 annually, the court orders contributions based on actual costs, not the UIUC cap. Parents cannot be required to pay more than the actual expenses incurred.
When Does the College Contribution Obligation End?
The college expense obligation under Section 513 terminates when any of four events occurs: the child fails to maintain a cumulative C grade point average (except for illness or good cause), the child turns 23, the child receives a bachelor's degree, or the child gets married. These termination events are codified in 750 ILCS 5/513(g). Additionally, all educational expenses must be incurred before the child's 23rd birthday, with a possible extension to age 25 for good cause shown.
Termination Events Comparison
| Event | Support Ends? | Notes |
|---|---|---|
| Child turns 23 | Yes | Absolute deadline (25 with good cause) |
| Bachelor's degree earned | Yes | Regardless of age |
| Child marries | Yes | Marriage terminates all support |
| GPA falls below C | Yes | Unless illness or good cause |
| Child drops out | Case-specific | May pause or terminate |
| Parent loses income | No | But modification possible |
| Child transfers schools | No | Continues at new institution |
The GPA Requirement
Students must maintain a cumulative C average (2.0 on a 4.0 scale) to continue receiving parental contributions. If grades fall below this threshold, parents can petition to terminate the obligation. However, courts may excuse temporary grade issues if caused by illness, family emergency, or other good cause. Students who lose eligibility may regain it by bringing their GPA back above the threshold.
Filing a Petition for College Contribution
To request college expense contributions, a parent or adult child must file a Petition for Contribution to Post-Secondary Educational Expenses under 750 ILCS 5/513. Filing fees range from $250 to $388 depending on the county—Cook County charges $388, while rural counties typically charge $250-$300. The petition must be filed in the court that handled the original divorce or parentage case. Retroactive contributions are limited to the date of filing, so early filing is strategically important.
Filing Requirements
- File in the county where the divorce was finalized
- Pay filing fee ($250-$388 as of January 2026)
- Serve the petition on the other parent
- Provide financial disclosure documents
- Include child's college acceptance/enrollment documentation
Timing Considerations
The establishment of a contribution obligation is retroactive only to the date of filing the petition. This means if you wait until your child's sophomore year to file, you cannot recover expenses from freshman year. Strategic parents file the petition as soon as their child begins applying to colleges—sometimes during the child's junior year of high school—to preserve maximum recovery.
Unmarried Parents Have the Same Obligations
Unmarried parents face identical college contribution requirements once parentage is legally established. Under Illinois law, the standards from 750 ILCS 5/513 apply equally to parents who were never married once a parentage order exists under 750 ILCS 46 (Illinois Parentage Act). Courts apply the same four-factor analysis and the same UIUC tuition cap. The only prerequisite is a legal determination of parentage.
This equal treatment often surprises unmarried parents who assume their financial obligations end at age 18. A parent who had limited involvement during the child's upbringing may still be ordered to contribute to college expenses based on their financial capacity. The child's academic merit and the standard of living they would have enjoyed had their parents been married both factor into the court's decision.
What Happens If Parents Cannot Agree on a School?
When parents disagree about which college to fund, Illinois courts typically defer to the child's choice while applying the UIUC tuition cap. A parent cannot be forced to pay for an expensive out-of-state school beyond what UIUC would cost. However, courts expect both parents to support their child's reasonable educational aspirations. Unreasonable refusal to fund any education—particularly when the parent has means—may result in unfavorable court orders.
Common Disputes and Resolutions
Disputes often arise over out-of-state versus in-state schools, private versus public universities, and the reasonableness of housing choices. Courts generally resolve these by:
- Capping contributions at UIUC rates regardless of actual school choice
- Requiring both parents to complete FAFSA to maximize aid
- Ordering the child to apply for scholarships and financial aid
- Splitting remaining costs based on parental income ratios
If one parent refuses to complete the FAFSA—effectively sabotaging the child's financial aid eligibility—courts may sanction that parent or impute expected aid amounts to reduce their burden.
Modifications and Enforcement
College contribution orders can be modified if circumstances substantially change, such as job loss, disability, or significant income changes. Either parent can petition the court for modification using the same four-factor analysis that applied to the original order. However, parents must file promptly—waiting months to report changed circumstances weakens modification requests.
Enforcement of college contribution orders follows standard contempt procedures. A parent who fails to make ordered payments can face wage garnishment, bank account levies, or contempt of court citations. Courts take these obligations seriously and have broad enforcement powers.
Strategic Considerations for Divorcing Parents
Parents negotiating divorce settlements should address college expenses proactively rather than leaving them to future litigation. Settlement agreements can establish contribution percentages, school selection processes, and communication requirements that provide predictability for both parties. Agreements can also set caps above or below the statutory UIUC benchmark if both parties consent.
Settlement Agreement Provisions to Consider
- Percentage contribution from each parent (50/50 vs. income-based)
- Cap on total annual contribution per parent
- Process for school selection decisions
- Requirements for child to apply for aid and scholarships
- Treatment of 529 plans and college savings
- Timeline for FAFSA completion
- Communication protocols for expense sharing