Legal Question in Family Law in Illinois

College cost responsibility

My divorce settlement says nothing about college or continueing education for my daughter. My ex-wife says I should pay the majority of this cost because I earn more. What is my responsibility and what is my ex-wifes. I am willing to pay half of the costs. I make about twice as much as she does. Am I legally obligated to pay anything? Is it pro-rated or not. My daughter will be 18 by the time the semester starts but will register before she is 18. I only pay child support until she is 18.

Thanks for your help


Asked on 1/24/00, 5:51 pm

1 Answer from Attorneys
Kimberley Klein Power Kimberley Klein Power, Attorney at Law

Re: College cost responsibility

Your daughter needs to file a Petition for Higher Education Contribution. But first she must fill out FAFSA forms to see what kind of grants, work study, loans, etc. she is eligible to receive. The court will then look to see what she can contribute to her own education (summer employment, trust funds, savings, etc.) and how much more will be needed to go to a state school in Illinois. The court can then decide how to divide the rest between you and your former wife. They also consider whether you and your wife are educated and if had you stayed married the likelihood of you having sent your daughter to college. The irony is that had you stayed married there would be no obligation to send your child to college, but with divorce there be may that obligation. I would encourage your daughter to apply either to the military academies or for a ROTC scholarship then neither one of you will have to pay. Good luck.

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Answered on 1/24/00, 9:51 pm


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