When Illinois parents divorce or separate, their financial responsibilities to their children can extend well beyond high school graduation. Section 513 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/513) allows courts to require one or both parents to help pay for a child’s college education, even after the child becomes a legal adult.

Importantly, these contributions are not automatic, and they are not retroactive to a filing by the parents or an agreement. A judge will decide each parent’s contribution based on the specific circumstances of the family.

Illinois sets specific age and cost limits:

  • College expenses must generally be incurred before the child’s 23rd birthday, unless good cause is shown, and never after age 25.
  • Tuition and housing costs that can be ordered by the court are capped to not exceed those of the University of Illinois at Urbana‑Champaign for the same academic year, unless the court finds good cause to exceed that amount.

These caps are designed to ensure fairness and prevent undue financial burden on either parent.  The parties can, however, agree to exceed those caps and can put their agreement in their judgment.

The statute defines “educational expenses” broadly. Courts may order parents to cover expenses, including:

  • Tuition and mandatory fees, capped at UIUC’s in‑state rate
  • On‑ or off‑campus housing, capped at UIUC double‑occupancy room and standard meal plan costs
  • Medical and dental insurance
  • Books, supplies, and reasonable living expenses
  • Transportation costs to and from school

Judges have discretion in how much they order each parent to pay, so the results are highly individualized. Often, the contribution requirement is split 50/50 or each parent contributes â…“ and the child has to contribute through work-study or scholarships. The judge will evaluate a variety of factors when deciding how much each parent should contribute, including:

  • Each parent’s income, assets, and earning capacity
  • Whether a parent is voluntarily underemployed or unemployed
  • The child’s academic performance and commitment to education
  • The standard of living the child would have enjoyed had the family remained intact
  • The child’s own financial resources (scholarships, savings, work income)

Not every case results in a contribution order. If a parent can show that payment would be unreasonable based on their finances, the court may limit or decline contribution obligations. Accurate financial disclosure is critical.

When we are working with a client in a divorce or parentage scenario, we will negotiate college contributions as part of the settlement, allowing the parents to clarify expectations early, avoid future disputes, and create flexible, predictable arrangements. In some scenarios, such as the case of very young children, we will address that as a future issue and reserve the actual contribution amounts until a later date (see our related post).

Under Section 513, a parent’s obligation may terminate if:

  • The child fails to maintain at least a “C” grade point average
  • The child turns 23 (or 25 with good cause)
  • The child receives a bachelor’s degree
  • The child marries

These rules ensure that parents are only required to support a child who is progressing responsibly through their education.

Understanding Illinois’ college contribution statute is essential for planning your family’s financial future after divorce. If you have questions about how the statute applies to your situation, our family law team is here to help you navigate the process.