College Education

[worriedIL]

What is the name of your state? IL

My boyfriend and his ex have an "agreement" in their divorce papers that states they will both contribute to a 529 plan for their daughters college. The ex has been on a rampage for the past 3 weeks. Calling everyday stating that he has to pay for 2 years of a state school or she will take him to court. She also wants him to sign a paper saying that if she pays for 2 years of school also she is completing done and doesn't have to contribute to the 529. Right now we cannot afford to do this. He wants to look into paying 2 years of jr. college or university but we wouldn't be able to put the money in for it for another year or so. (the child is 6!!!!!!!!! by the way) Would a judge go back and "make" him pay for 2 years of college even though they already agreed on what they were going to do? The divorce was finalized in July of last year so it hasn't even been a year. Also we were wondering if he does do this can he have something in writing,notorized that says she will not go for more child support? (she gets 1200.00 plus a month for child support, activities, day care and healthcare, etc.). Lastly, can child support be extended until she graduates college? As of now its only until she's 18.

 

[BelizeBreeze]

First of all, without specific language in the order stipulating that there is a time limit for the contribution, then he can contribute when he wants. Also, she can take him back to court for the college, however since there is no change of circumstances, it's unlikely the order will be changed.

Also, Illinois courts usually reserve the question of post-secondary contributions until the child is ready for college or other schooling. At the age of 6 it's most unlikely she will get a judge to hear her concerns.

As for the notorized statement regarding child support, even if she does sign it, it is unenforcable as against public policy.

And no, Child support does NOT automatically end at 18.
The law provides that court's authority to provide for payment of 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 attained the age of 19."

 

[worriedIL]

Re:And no, Child support does NOT automatically end at 18.
The law provides that court's authority to provide for payment of 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 attained the age of 19."

Excuse my ignorance, but I dont understand this. The divorce decree or JPA whichever says that (not in these words of course) Child support is only until the child reaches her 18th birthday. Now she will be out of highschool by that time. So are you saying if she goes to college he will have to continue paying child support? Im confused.

 

[JesB]

Like Belize said college isn't usually talked about until the child is older. Usually a court will look at a parents ability to contribute to college (and this would just be HIS income not yours). Usually if a parent wants to put money aside for a child that is their choice and the other parent is not privileged to that info. Also usually if one parent is ordered to pay something then the other one is too. The amount is usually after that child has exhausted all financial assistance and then the parent’s contribution is not too much. In my parenting plan I addend that we will both pay 15% of the tuition not including room and board. If at a certain time my children choose to attend college they will be required to take up some adult responsibilities and get at least a part time job if they want to stay on campus. This in no way hinders their ability to go to college.

I recommend that he sits down and really thinks this out. I personally set about 50-100 aside in a savings account (and my kids are young). This small amount adds up and when the kids are old enough to go to college then I will be able to contribute what I can without going into debt.
Your BF needs to figure this out by himself. Though you guys might be in a serious relationship lets face it, it might not last and he cannot plan his financial future based on your income as well. Furthermore, for your own protection, I suggest that you refrain from contributing any money into his children’s future until you are at least married.

 

[JesB]

Excuse my ignorance, but I dont understand this. The divorce decree or JPA whichever says that (not in these words of course) Child support is only until the child reaches her 18th birthday. Now she will be out of highschool by that time. So are you saying if she goes to college he will have to continue paying child support? Im confused.

Some kids do not graduate high school until after they turn 18. My husbands daughter for example missed the 1st grade due to her being sick at the time. She will not graduate until after she turns 18.

 

[worriedIL]

Whether she graduates before or after 18 Im not worried. We are buying a home and although we keep our money separate we do discuss what we can afford. So my personal money doesn't pay for her school. yet but we do talk about what we can afford. At this time we put $200.00 away ea. month in a 529 plan along with any money she gets for holidays and birthdays. Point being ex is just mad that my bf wont sign anything stating that if she pays for 2 years of school her duties are done. Does she think we are NUTS! This is the situation. The ex is selling the house they once owned together. With the portion that he gets she is demanding he use that money to pay for some plan that guarantees two yrs of college paid at todays rates, vs 12 years from now. YEs its a great deal, but at this time we can not afford it. He has bills too. SHe's convinced herself that a judge will find him an "UNFIT FATHER" for not contributing to his daughters college. But he is according to the divorce!

 

[BelizeBreeze]

Tell Boyfriend to tell ex to "POUND SAND" and then let her take him back to court. He and the judge can share a COHIBA later.

As for the explanation of that passage, although the order and/or statute stipulates support is to end at 18, if the child is still in high school at age 18, the the statute allows for an automatic extension of support until the child graduates.

 

[worriedIL]

LMAO! You sound like my bf's mother! Thanks for all the advice you guys. Sometimes it seems as ridiculous as the threats are it doesn't hurt to get confirmation. Thanks.

 

[worriedIL]

Now she's saying she looked up the states laws on the sort of thing and its mandatory that he pay child support while the child is in college in addition to half of the childs college expenses!!!!!!!!!!!!!!!!!!! I've done research to and have seen nothing of the sort!

 

[BelizeBreeze]

Now she's saying she looked up the states laws on the sort of thing and its mandatory that he pay child support while the child is in college in addition to half of the childs college expenses!!!!!!!!!!!!!!!!!!! I've done research to and have seen nothing of the sort!

SO what?

Tell her to forward you the exact statute citation..

and then tell her to stop smoking crack.

 

[JesB]

I found it

http://www.illinoisdivorce.com/pdf/Child_Support.pdf

COLLEGE EXPENSES: Illinois law (103) gives judges the power to allocate college expenses (room board, tuition and other expenses (104) – even expenses incurred during school breaks (105) for children whose parents are divorced. Most Judgments and Settlement Agreements speak only vaguely of this requirement as all judges and most parents prefer to take a wait-and-see approach to college expenses. After all, what if the child doesn't turn out to be college material? Other parents go to great lengths to spell out the extent of their respective obligations – although this is probably not a sound strategy. (106) Parents of children born out of wedlock may also apply with the court for college support from the other parent. (107) One primary concern of divorcing parents (at the time of the divorce) is that they have a voice in the selection of the school and curriculum for their child. Why, after all, should a divorced parent be forced to pay for an education that he or she could refuse to pay for if still married? Although the law contains no such requirement, a well-crafted agreement can impose an obligation that a consensus be sought between student and both parents before a financial commitment is made. (108) Unlike child support, the parents' contribution to college expenses is not dictated by a formula or guideline spelled out in the law – it is left to the discretion of the judge. (109) The court must consider many factors – including the income and assets of both parents (110) and the financial resources available to the child (111) as well as the child's academic performance (good grades tend to get more money, poor grades tend to get less) (112) and the standard of living the child would have enjoyed had the parents not divorced. (113) The court may even consider the income of a second spouse and the expenses of a second family (114) as well as the payment or receipt of maintenance (alimony) in making its determination. (115) There is no requirement that judges are restricted to a financial limit equal to the expenses of a state university education. There also is no specific restriction on the type of school that the child may attend – the law covers a " college education or professional or other training," (116) and that has been held to include trade schools. (117) Some courses of training, however, won't qualify in all circumstances: DeVry Institute of Technology qualified in one case as "an education at the college or university level," (118) but the "Automotive and Diesel College " did not qualify as part of the " college and professional education expenses of the children." (119) The duration of the education is limited, but only in the most broad sense. (120) If your child is admitted to an Ivy League university, you won't necessarily have to pay Ivy League prices. Illinois courts tend to prefer State schools over private schools if the programs are similar. (121) Courts have also held that a parent need not pay for private school if the child has been accepted at a public school and the financial means are insufficient to reasonably afford the private school. (122) A parent should not be ordered to pay more for college than he or she can afford. (123) For more affluent parents that can afford private schools, however, a college education at a private school may be mandated by the court. (124) The law does not give kids a free ride – they can, in some cases, be expected to apply for financial aid and take other steps to help keep costs down. (125) Indeed, one court has said "the children themselves have an obligation to lessen their parents financial burden" by attending less costly state universities. (126) There is no requirement that the child have or maintain a good relationship with either parent. (127) On the other hand, a child's relationship (or lack thereof) with the parents is a factor that courts have considered in some cases. (128) One problem arises in most college expense cases: the tuition bills come in and must be paid whether the parents agree or not. Illinois’ child support laws, however, say that a parent cannot sue for retroactive child support. That means that if one parent pays tuition and fees as they come due, the law may prevent them from being able to recover later a reimbursement from the other parent. The law seems to require parents to go to court and allocate the burden of college educational expenses BEFORE the costs are incurred. This can be a useful defense in some instances. There is, however, another way to present tuition and other payments to the court after-the-fact and still recover a reimbursement – even retroactively. (129) Be sure to talk with a knowledgeable attorney to learn your options

 

[BelizeBreeze]

Jess, what does this cite have to do with the Illinois statute?

It's someone Interpretation of the law which is NOT the same thing.

 

[worriedIL]

So i should NOT foward that on to my bf???? Where do i look for the illinois "laws" on this? Are there any?

 

[worriedIL]

Also, is it true that a judge would require CS to be paid to the mother until the child finishes college or for up to four years of college? I've never heard such a thing!

 

[MominMass]

Never get a Massachusetts Divorce!

Also, is it true that a judge would require CS to be paid to the mother until the child finishes college or for up to four years of college? I've never heard such a thing!

In Massachusetts child support can be ordered until the "child" is TWENTY THREE years old provided he/she is enrolled in college and living at home.

If father if complying with court order(s) as you state, then mother will have to prove change in circumstance to have it changed to her wishes. If he is making the same amount of money on paper that he was last July, and the six year old has not been admitted to any colleges yet (ha, ha), I seriously doubt the mother will get anywhere in court. Just say "no" to anything that is not court ordered, unless you feel like doing so for the best interest of the child. Mom sounds like an idiot, and I would suggest to Dad that he advise her in writing that she address her financial concerns about the child in writing only from now on as he considers her ranting telephone calls on the matter to be harassing/abusive.