Who Pays for College After an Illinois Divorce

Table of content

Divorce & Legal SeparationSeptember 1, 20265 min read
Key takeaways
  • Illinois Supreme Court Rule 101(d) gives you 30 calendar days after service to file an appearance, not 30 business days.
  • Being served automatically triggers a Dissolution Action Stay under 750 ILCS 5/501.1 that bars abuse and hiding children, but does not freeze bank accounts.
  • Failing to respond can lead to a default judgment under 735 ILCS 5/2-1301(d), and undoing it requires a motion filed within 30 days.

Illinois is one of the states where a court can order divorced parents to contribute to a child's college costs long after child support has ended. The authority is 750 ILCS 5/513, educational expenses for a non-minor child, and it is more specific than most people expect.

What the Court Can Order

Under 750 ILCS 5/513(a), the court may award sums out of the property and income of either or both parties, or the estate of a deceased parent, as equity may require, for the educational expenses of any child of the parties.

The authority is not limited to college. Under subsection (c) it extends to vocational, professional and other training after high school, and also to any period during which the child is still attending high school even after turning 19.

The Age Limits

Unless the parties agree otherwise, 750 ILCS 5/513(a) requires that the expenses be incurred no later than the student's 23rd birthday. For good cause shown a court can go beyond that, but in no event later than the child's 25th birthday.

The University of Illinois Cap

This is the provision that surprises people, and it is the reason a parent cannot be ordered to fund any school at any price. Under 750 ILCS 5/513(d), except for good cause shown:

  • Tuition and fees are capped at the amount of in-state tuition and fees paid by a student at the University of Illinois at Urbana-Champaign for the same academic year.
  • Housing is capped at the cost, for the same academic year, of a double-occupancy student room with a standard meal plan in a University of Illinois at Urbana-Champaign residence hall.

A child can attend a more expensive private school. The statutory contribution is still measured against the Urbana-Champaign figure unless good cause is shown.

Educational expenses under subsection (d) also include the actual cost of the child's medical expenses, including medical insurance and dental expenses.

Financial Aid and Applications

Under 750 ILCS 5/513(b), whether or not an award has been made, the court may require both parties and the child to complete the Free Application for Federal Student Aid and other financial aid forms and submit them before the deadline. The court may also require either or both parties to fund the cost of up to 5 college applications, 2 standardized college entrance examinations, and one entrance examination preparatory course.

Why This Comes Up Years Later

A contribution to college is usually not decided at the time of the divorce, because the child is young and the cost is unknown. It surfaces later, as a petition brought when the child is approaching or already in school. That is why the age ceiling matters so much: a petition brought too late runs into the 23rd birthday limit.

Where These Facts Come From

Every rule on this page comes from 750 ILCS 5/513 as published by the Illinois General Assembly at ilga.gov, retrieved 9 September 2026, subsections (a), (b), (c) and (d). Statutes change. Confirm the current text before relying on it.

This page is general legal information about Illinois law. It is not legal advice, it does not create an attorney client relationship, and it does not account for the facts of any particular case.

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