Can a Judge Order One Parent to Pay for College?

 Posted on April 24, 2025 in Family Law

When parents divorce or separate, many focus on immediate needs like child custody, parenting time, and child support. But what happens when that child is ready to attend college? Illinois parents may be surprised to learn that their financial responsibilities do not always end when their child turns 18. A judge can order one or both parents to help pay for college—even years after a divorce is finalized.

Whether you are planning for your child’s future or facing a dispute about education costs, an Illinois family law attorney can help you understand the legal rights and options for your specific circumstances.

What Does State Law Say About College Costs?

Illinois courts can order separated or divorced parents to contribute to a child’s college expenses, which can include tuition, housing, books, transportation, and even health insurance. This law treats college-related expenses separately from typical child support. These contributions can be court-ordered even if the child is legally an adult, as long as he or she is actively pursuing a college education.

How Do Judges Decide Who Pays and How Much?

Courts do not divide college costs evenly by default. Instead, a judge will evaluate multiple factors to decide how much each parent should contribute. These factors include:

• The financial situation of each parent

• The child’s academic ability and likelihood of completing a program

• The standard of living the child would have had if the parents had remained together

• The amount of financial aid, scholarships, or student earnings available

The judge will aim to create a fair arrangement based on these circumstances, which can sometimes mean that one parent may end up paying the majority of the costs.

Can Parents Make Their Own Agreement?

Parents can address college costs in their divorce settlement or parenting plan. By creating a detailed agreement, they can avoid future legal issues and reduce stress for everyone involved.

A well-drafted college expense agreement can include:

• A cap on contributions based on the cost of an in-state public university

• A requirement for the child to maintain specific grades or course loads

• A limit on the number of years of support or the maximum age for receiving help

These legally enforceable agreements offer much more predictability than leaving the issue up to the discretion of the courts.

What If a Parent Does Not Pay?

If a parent is court-ordered to contribute to college costs and will not comply, the other parent or the child may seek legal enforcement. This could result in wage withholding, fines, or other penalties. If a parent’s financial situation has drastically changed, he or she may petition the court to update the payment order.

Contact a Kane County, IL Family Law Attorney

College expenses can create unexpected legal and financial challenges long after a divorce or separation is finalized. If you are facing a disagreement over who should pay for your child’s education, contact a St. Charles, IL college expenses lawyer at Goostree Law Group. Call 630-584-4800 to schedule a free consultation to learn how we can help you work toward a fair, enforceable solution.