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After Divorce in IL who pays for college

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vwillson

Junior Member
Divorced in Illinois - divorce decree states both parties pay for college based on ability to pay. (college bond student is first born)
Does that mean noncustodial parent can use excuses not to pay such as:
Child support for another child
his own college loans of about $36,000( even though hs was in the Army and should've used the GI bill)
on going financial obligations to support/care for his family:
Mortgage, Utilities, Vehicle payments and maintenance, Groceries, Household maintenance and repairs, phone and internet (used for work), fuel for vehicles , other normal monthly expenses.
Loans for expenses that must be repaid
medical , dental, and other health care expenses ( is covered thru employer)

I have the same types of obligations so shouldn't he have to pay something to help out
also?
 
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Bali Hai

Senior Member
Divorced in Illinois - divorce decree states both parties pay for college based on ability to pay. (college bond student is first born)
Does that mean noncustodial parent can use excuses not to pay such as:
Child support for another child
his own college loans of about $36,000( even though hs was in the Army and should've used the GI bill)
on going financial obligations to support/care for his family:
Mortgage, Utilities, Vehicle payments and maintenance, Groceries, Household maintenance and repairs, phone and internet (used for work), fuel for vehicles , other normal monthly expenses.
Loans for expenses that must be repaid
medical , dental, and other health care expenses ( is covered thru employer)

I have the same types of obligations so shouldn't he have to pay something to help out
also?
Sounds like the judge will have to decide if he has the ability to pay. That clause in your divorce decree is rediculous!! The kid should pay for their own college!!!!!
 

penelope10

Senior Member
Sounds like the judge will have to decide if he has the ability to pay. That clause in your divorce decree is rediculous!! The kid should pay for their own college!!!!!
How old is said child? I agree with Bali on this. If the decree states based on the ABILITY to pay, it's going to be based on the ability to pay.

As a person that had to WORK to go through college I can assure you that it can be done. Now I didn't go off to a University right off the bat. I went to Community College. Took me 6 years to get a 4 year degree, but I got it done.

My eldest worked and sent to school too. Took her 5 years. She works 2 jobs even with the decree.

What I would suggest is to start a college fund if you want to help your kiddo. And perhaps your ex may or may not choose to do this. But if your concern is that you want your child to have some aid with certainty only you have control over that.
 

mistoffolees

Senior Member
What I would suggest is to start a college fund if you want to help your kiddo. And perhaps your ex may or may not choose to do this. But if your concern is that you want your child to have some aid with certainty only you have control over that.
Start a college fund if you wish, but DO NOT label it as a college fund. And think very hard about starting a 529.

First, it may affect financial aid. Second, if it's a 529 in the kids' name, it is possible for the judge to consider it to be the kid's asset and not the parents, so OP will end up paying twice.
 
Divorced in Illinois - divorce decree states both parties pay for college based on ability to pay. (college bond student is first born)
Does that mean noncustodial parent can use excuses not to pay such as:
Child support for another child
his own college loans of about $36,000( even though hs was in the Army and should've used the GI bill)
on going financial obligations to support/care for his family:
Mortgage, Utilities, Vehicle payments and maintenance, Groceries, Household maintenance and repairs, phone and internet (used for work), fuel for vehicles , other normal monthly expenses.
Loans for expenses that must be repaid
medical , dental, and other health care expenses ( is covered thru employer)

I have the same types of obligations so shouldn't he have to pay something to help out
also?
Are you in Cook County? Suburbs...Down State? All of the above will be considered shortly before your childs entrance into college and can be modified while they are in school if circumstances change drastically. You will need to file 13.3.1s again with the usual financials to establish abiltity to pay. They look at net income first then assets. They don't like forcing anyone to take second mortgages, or cash out retirement accounts early. Cook County is a little tricky but most other counties assign a portion of the expense to the child...up to 33%. They use baseline in State college expenses (tuition room and board) from Northern Illinois or Eastern (about 18K which is VERY reasonable) for most people, unless your child is very gifted and you have the ability to pay for Northwestern or University of Chicago (gulp). Some schools like Eastern "freeze" the tuition at the same rate for all four years so it's much easier to plan. Sorry to say but the expenses you mentioned your ex has don't look like "excuses", and if your net disposable income is greater you will probably be paying a little more. If your child is close to 18 and your income isn't so hot...a 529 plan may not be much benefit tax wise (it's in your name by the way...not your childs)...but don't forget to consider the Hope Scholarship Credit or the Lifetime Learning Credit, interest deductions for student loans etc. Good Luck
 
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mistoffolees

Senior Member
If your child is close to 18 and your income isn't so hot...a 529 plan may not be much benefit tax wise (it's in your name by the way...not your childs)...
Regardless of whose name is on the 529, it can have a huge impact. While colleges expect parents to contribute a small percentage of THEIR assets, they expect students to contribute a very large percentage of THEIR assets. For purposes of allocating ability to pay, colleges consider 529 plans to be student assets.

In terms of divorce, a lot is up to the judge, but there is a risk that the judge would also consider the 529 to be a student asset and not a parent contribution (it happened in my case). So let's say the parent can afford to pay $20 K for college and they put $20 K into a 529 plan before the court hearing. The court looks at it and says "let's see. The child has $20 K. The parent can afford to pay $20 K - so that's what I want you to pay".

I would definitely ask the attorney, but without very clear instructions, I would not even consider putting money into a 529 or into the kids names. I would also not refer to any investment accounts as 'college funds' since the judge can also say that they don't count as the OP's contribution since the money is already allocated for college (again, it happened to me).
 
Regardless of whose name is on the 529, it can have a huge impact. While colleges expect parents to contribute a small percentage of THEIR assets, they expect students to contribute a very large percentage of THEIR assets. For purposes of allocating ability to pay, colleges consider 529 plans to be student assets.

In terms of divorce, a lot is up to the judge, but there is a risk that the judge would also consider the 529 to be a student asset and not a parent contribution (it happened in my case). So let's say the parent can afford to pay $20 K for college and they put $20 K into a 529 plan before the court hearing. The court looks at it and says "let's see. The child has $20 K. The parent can afford to pay $20 K - so that's what I want you to pay".

I would definitely ask the attorney, but without very clear instructions, I would not even consider putting money into a 529 or into the kids names. I would also not refer to any investment accounts as 'college funds' since the judge can also say that they don't count as the OP's contribution since the money is already allocated for college (again, it happened to me).
Good points...and it is my experience that judges first apply all scholarship money, "earmarked" UMTA or UGMA educational assets, prepaid tuition and 529 plans (as well as individual student assets...yes confirmation money may be in jeopardy :)) towards any college expenses BEFORE they look at the parents for money...then they look at the abilitiy to pay to divide up the rest. Any money out of marital assets you put into educational accounts BEFORE you get divorced is a backdoor 50/50 division for each spouse if the accounts aren't considered in a final division that may be 60/40. Obviously 50/50 is a better deal than any higher income spouse is going to get after the divorce as well. Yes..contributing to these accounts after you get divorced can be tricky, and of course there is always the issue of who gets to claim the kids for educational tax credits. In 2006 the treatment of 529 savings and prepaid tuition plans was "clarified" and they are now both considered a parents asset for federal aid purposes not the students (5.6% instead of the 20% for UMTA or UGMA assets in kids names). How states thenselves treat these plans can differ but in Illinois, 529 assets don't count as kids assets for state aid either. One loophole that hasn't been plugged yet is to set up the 529 in a grandparents name...which not only eliminates it from the marital estate entirely...but none of it is counted for federal aid purposes. The most important thing to remember for financial aid, irregardless of dependency exemptions...it's the custodial parent who files the FAFSA form for aid and it's their income that is important for most state schools (private schools are different)...and they don't include primary residences or retirement accounts in your assets...or as far as I know the non custodial parents 529 assets set up after the divorce!!!! Cheers all!
 
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Bali Hai

Senior Member
Good points...and it is my experience that judges first apply all scholarship money, "earmarked" UMTA or UGMA educational assets, prepaid tuition and 529 plans (as well as individual student assets...yes confirmation money may be in jeopardy :)) towards any college expenses BEFORE they look at the parents for money...then they look at the abilitiy to pay to divide up the rest. Any money out of marital assets you put into educational accounts BEFORE you get divorced is a backdoor 50/50 division for each spouse if the accounts aren't considered in a final division that may be 60/40. Obviously 50/50 is a better deal than any higher income spouse is going to get after the divorce as well. Yes..contributing to these accounts after you get divorced can be tricky, and of course there is always the issue of who gets to claim the kids for educational tax credits. In 2006 the treatment of 529 savings and prepaid tuition plans was "clarified" and they are now both considered a parents asset for federal aid purposes not the students (5.6% instead of the 20% for UMTA or UGMA assets in kids names). How states thenselves treat these plans can differ but in Illinois, 529 assets don't count as kids assets for state aid either. One loophole that hasn't been plugged yet is to set up the 529 in a grandparents name...which not only eliminates it from the marital estate entirely...but none of it is counted for federal aid purposes. The most important thing to remember for financial aid, irregardless of dependency exemptions...it's the custodial parent who files the FAFSA form for aid and it's their income that is important for most state schools (private schools are different)...and they don't include primary residences or retirement accounts in your assets...or as far as I know the non custodial parents 529 assets set up after the divorce!!!! Cheers all!
All the wind that you & mistoffolees are blowing on this subject wouldn't amount to a popcorn fart in a windstorm if the parents weren't divorced!!!

But since they are divorced, there is government intervention every aspect of their life and probably for the REST of their life!!

What's next? When married parents tell their kids that they must pay for their own college education, the kid will be able to take the parents to court and get an order to pay based on their ablility to pay???

You people and the courts enjoy meddling in other peoples lives and you make me sick!!
 

nextwife

Senior Member
Some of us will have access to our 401Ks or IRAs, without penalty, if we want to use any of those funds to suppliment our kid's own college contribution.
 

TinkerBelleLuvr

Senior Member
The most important thing to remember for financial aid, irregardless of dependency exemptions...it's the custodial parent who files the FAFSA form for aid and it's their income that is important for most state schools (private schools are different)...and they don't include primary residences or retirement accounts in your assets...or as far as I know the non custodial parents 529 assets set up after the divorce!!!! Cheers all!
I want to clarify ONE thing on this. GENERALLY, it is the custodial parent who is fills out as the parent on FAFSA, but that is NOT a requirement. The custodial parent refused to file tax returns and fill out the appropriate info. My daughter was switched to me. She claims herself (correctly), but I provide the FAFSA info.
 
I want to clarify ONE thing on this. GENERALLY, it is the custodial parent who is fills out as the parent on FAFSA, but that is NOT a requirement. The custodial parent refused to file tax returns and fill out the appropriate info. My daughter was switched to me. She claims herself (correctly), but I provide the FAFSA info.
Yes good point. Students are classified as either "Dependent" or "Independent" for FAFSA. Dependent students with divorced parents must provide parental financials based on who they lived with the most during the past 12 months, which would be the custodial...OR who provided the most financial support...which could be either. Ideally if you want the most aid...it should be the parent with the least resources. Also note the post by nextwife...you can use 10K from your IRA without penalty for higher education expenses, get a loan or hardship from your 401K...and of course any court ordered disbursement from your retirement accounts pursuant to a divorce does not incur the 10% penalty. Sorry about the confusion.

PS...I'm not an advocate of "meddling" with peoples lives or giving anyone a free ride...I'm just here to help.
 

fairisfair

Senior Member
Yes good point. Students are classified as either "Dependent" or "Independent" for FAFSA. Dependent students with divorced parents must provide parental financials based on who they lived with the most during the past 12 months, which would be the custodial...OR who provided the most financial support...which could be either. Ideally if you want the most aid...it should be the parent with the least resources. Also note the post by nextwife...you can use 10K from your IRA without penalty for higher education expenses, get a loan or hardship from your 401K...and of course any court ordered disbursement from your retirement accounts pursuant to a divorce does not incur the 10% penalty. Sorry about the confusion.

PS...I'm not an advocate of "meddling" with peoples lives or giving anyone a free ride...I'm just here to help.
Oh, don't mind Bali. He hates everybody. Except me. . . . oh, and lately Veronica. hmmmmm... wonder what's going on THERE???? bwahahahhaa!!!
 

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