When parents divorce while their children are still far from college age, it’s often difficult—if not impossible—to predict what future educational expenses will look like. Tuition rates, a child’s academic performance, financial aid opportunities, and even each parent’s future income can change dramatically over time. For that reason, many divorce judgments in Illinois expressly “reserve” the issue of college contribution until the child is older and the costs are clearer.
Parents often cannot make meaningful decisions about college expenses when a child is young. Their respective incomes, careers, and financial obligations can change significantly over time. Deferring the decision ensures the court’s eventual order reflects actual circumstances. Because expenses cannot reasonably be projected, divorce and parentage judgments frequently defer the decision instead of setting premature or speculative obligations. This approach prevents unfair or unrealistic orders entered years before the child even knows whether they will attend college, what school they might choose, or what scholarships they may receive.
When an issue is “reserved,” it simply means:
- The divorce judgment does not assign specific amounts or percentages at the time of divorce.
- Either parent may return to court later—typically when the child is nearing college age—to request a contribution order under Section 513.
This allows the court to base decisions on current and accurate information rather than speculative future estimates. When the child nears high school graduation, parents who previously reserved the issue often file a petition seeking contribution before the child enrolls in college.
If you are divorcing while your children are still young, discuss adding clear reservation language to your marital settlement agreement. This ensures you retain the right to revisit the topic later while avoiding premature or speculative commitments.
Read more about Illinois’ College Contribution Statute here.
