Illinois remains one of only a few states that extends a parent’s obligation to support children after the age of majority, even in cases where the child is not disabled. Thirteen states, including Illinois, require post-high school education support. An additional 11 states enforce contracts entered by agreement regarding post-high school education expenses or allow some exceptions that can create a post-high school education expense obligation.
Since January 1, 2016, Illinois law has been comprehensively amended with respect to post-high school educational expenses in several respects. Generally, these changes reflect existing caselaw. But in several ways, there are new or different provisions.
Illinois law now provides:
- There is a sunset for the obligation: Age 23 generally but in no event beyond the child’s 25th birthday;
- There are new provisions for submission of the FAFSAs (Free Application for Federal Student Aid) and other financial aid forms.
- There are new provisions that the court may require the parents to contribute to 2 standardized college entrance exams and up to 5 college applications.
- There is a presumption that the U of I in Champaign/Urbana is the cap regarding expenses for both tuition, room and board.
- The law requires the child to maintain a decent grade point average—a cumulative “C” average, with certain exceptions.
- The 2016 law addresses the treatment of 529 plans and other college savings plans.
- The final new provision allows the court to consider the future financial resources of both parents, including savings for retirement.
