valg13 said:
i want to know what the illinois law states in regard to support while the child is enrolled full time in college. my daughter graduates this may and her support will stop, but she is attending college, which has been completely paid for by grants i applied for, dso her father does not have to pay any college expenses. shouldn't he still have to pay support while she is in college?
My response:
Termination of support at 18
750 Ill. Law. Con. Stat. § 5/513 provides that the court may make provisions for the education expenses of the children of the marriage, whether of minor or majority age.
The court may also make provision for the educational ex- penses of the child or children of the parties, whether of minor or majority age, and an application for educational expenses may be made before or after the child has attained majority, or after the death of either parent. The au- thority under this Section to make provision for educational expenses extends not only to periods of college education or professional or other training after graduation from high school, but also to any period during which the child of the parties is still attending high school, even though he or she at- tained the age of 18. The educa- tional expenses may include, but shall not be limited to, room, board, dues, tuition, transporta- tion, books, fees, registration and application costs, medical expenses including medical insurance, dental expenses, and living expenses dur- ing the school year and periods of recess, which sums may be ordered payable to the child, to either parent, or to the educational in- stitution, directly or through a special account or trust created for that purpose, as the court sees fit." 750 ILCS 5/513(a)(1), (a)(2) (West 1996). Section 513(a)(2) clearly allows provision for a child's educa- tion to be made when the child is of majority age. Walters, 238 Ill. App. 3d at 1091, 604 N.E.2d at 437.
In summary, you are allowed to go back into court to obtain an order that the father SHALL pay for your daughter's educational expenses.
IAAL
