Legal Question in Family Law in Illinois

My diviorce decree states that "Both parties shall contribute to the college or other post-secondary education or training expenses of the parties minor children pursuant to Section 513 of the IMDMA or any applicable siperseding statutory provision thereof". Now he is refusing. Can I take him to court and have him forced to pay 50%? Also, what if I paid for one of the children, can I force him to reimbursem me for these expenses?


Asked on 7/25/10, 4:03 am

1 Answer from Attorneys

Kimberly Anderson Anderson & Boback

The statute which you refer to requires you to have the judge decide how much each party will pay. The statute takes into account 5 factors that the judge needs to juggle in order to determine how much each person will pay. The court looks at how much money you make, how much he makes, how much the child makes, how much the school costs and what kinds of loans/scholarships your child received. The law does not care what the relationship is between child and parent, he still could be ordered to pay, even if the child does not talk to him.

You do need to take him into court and provide the court with all the financial records for the school. What it costs for tuition, room and board, and books. Bring all financial aid paperwork demonstrating what kind of package your child received. Depending on the father's income, he could be required to pay 50/50, or none at all if he doesn't have the funds to pay. But he also could be ordered to pay the majority if he makes a lot of money.

You could be reimbursed if you pay for it, but its better to get into court right away. www.illinoislawforyou.com

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Answered on 7/25/10, 9:51 am


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