In Illinois, courts may have the authority to order parents to contribute to certain higher education expenses for their children, even after the child becomes a legal adult.

As tuition costs continue rising and student loan burdens remain a growing concern for families, understanding how Illinois law handles college expenses after divorce has become increasingly important.

Can Illinois Courts Order Parents to Pay College Expenses?

Yes. Illinois law may allow courts to require divorced parents to contribute to certain college-related expenses.

Under Section 513 of the Illinois Marriage and Dissolution of Marriage Act, courts may enter contribution orders for post-secondary educational expenses in qualifying cases.

This means a judge may determine that one or both parents should help pay for certain educational costs depending on the circumstances of the family.

These contribution orders may apply even years after a divorce judgment has been entered, which often surprises many parents.



The purpose of the law is to help courts evaluate how educational expenses should be shared fairly between parents while considering the financial realities of the family.

What College Expenses May Be Included?

College expenses can extend far beyond tuition alone. Depending on the situation, courts may consider several types of educational costs, including:

• tuition
• room and board
• books and educational materials
• mandatory school fees
• transportation expenses
• certain health insurance costs in some situations
• 
  

The exact expenses included may vary depending on the child’s school, financial circumstances, and the details of the case.

Because college costs can increase significantly over time, disagreements about these expenses are common in post-divorce disputes.

What Factors Does the Court Consider?

Illinois courts typically examine several factors when determining whether parents should contribute to college expenses and how those costs should be divided. Some important considerations may include:

• each parent’s financial resources
• the standard of living the child would likely have experienced if the marriage had not ended
• the child’s academic performance
• scholarships and financial aid
• the student’s own income, savings, or financial resources

Courts may also consider the reasonableness of the educational expenses and whether the costs create an excessive financial burden on either parent. Every case is unique, and no single factor automatically determines the outcome.

Can Parents Reach Their Own Agreement?

Yes. Many parents choose to negotiate college expense arrangements outside of court.

Settlement agreements and mediation may allow parents to create more flexible solutions tailored to their family’s needs. Parents may agree on issues such as:

• how tuition will be divided
• limits on expenses
• academic requirements
• timelines for contribution
• student responsibilities

Negotiated agreements may also help families avoid lengthy litigation and reduce conflict during already stressful situations. Mediation can be especially valuable when parents want to maintain productive co-parenting relationships while addressing future educational costs.

What Happens if a Parent Refuses to Pay?

Disputes sometimes arise when one parent refuses to contribute to educational expenses after a court order or agreement is already in place.

In these situations, enforcement issues may arise, and the other parent may seek court intervention.

Depending on the circumstances, courts may:

• enforce existing contribution orders
• review compliance with agreements
• consider modification requests
• evaluate changes in financial circumstances

If a parent experiences a substantial financial change, they may also request modifications related to educational expense obligations.



Because these disputes can become legally and emotionally complex, parents often benefit from understanding their rights and responsibilities before conflicts escalate.

Do Student Loans Affect Divorce Agreements?

Student loans and rising college costs have become increasingly important issues in family law cases.

As tuition prices continue increasing nationwide, many divorced parents face difficult questions regarding:

• borrowing for education
• allocating loan responsibilities
• financial aid eligibility
• long-term repayment concerns

Changes in the financial aid landscape and federal student loan policies may also affect how families plan for educational expenses after divorce.

For this reason, many parents now address college funding issues earlier during divorce negotiations instead of waiting until children are preparing for college applications.

Careful planning may help families avoid future disputes and financial uncertainty. College expense disputes can create significant stress for divorced parents and families.



If you are dealing with divorce, parenting agreements, or college expense disputes in Illinois, the family law team at Weiss Ortiz Attorneys & Mediators can help you understand your legal options.