Legal Question in Family Law in Illinois

Hello, I have a couple questions, but here is some background. I recently graduated high school in spring of 2012, I turned 19 august 24th. My parents are divorced (since I was three) and I live in the state of Illinois.

Question 1: I am attending college full time right now, and I will be taking 18 credit hours in the spring. My father "technically" pays child support. He had a court stop payment on it when I turned 18, but he had over 12,000 dollars due in back child support pay that he is still paying out. So it is not really as if he is paying child support but paying off a past debt. I was wondering since I am in Illinois, and a full-time student what is my legal right to him helping pay for my school? When my parents got divorced he even stipulated that he would help pay for college for me. But like I said that was nearly 15 years ago and I do not know if something might have changed it. I don't know if this will factor in but I live with my mom, and she does not make a lot of money, and I have a part time job so we do not receive a lot of financial aid. My father lives in a very large house, with 4 cars (two of them very nice, a toyota solara + a lexus) he recently had a wooden fence put all around his house, wooden floors, repainted his house, built a wooden porch, has two very expensive dogs that he spends more money on than he ever did for me, new lighting fixtures, window treatments... etc. I have to get to school by walking along a high way or riding my bike, I am still not sure how I will be getting to school if it rains/when there is snow.

Question 2: When I turned 16 my parents both saved some money to buy me a car, and they both contributed 3,000 dollars and I bought a silver 1998 Honda Prelude, with the title in my name + my mothers name. When I turned 17 I moved in with my father for a year, and he made a deal with me that he would trade my car in and use it as a down-payment to buy his lexus, and he would give me their 2004 toyota solara as compensation. He never had the title transfered over into my or my mothers name. So when I moved out due to a difference with my step-mother and me he took the car from me and gave my mom 1,500 dollars. He still has the toyota solara, the lexus, he also has a 4runner, and a celica. I was wondering if I have any legal rights in this ordeal because the title was never transferred into my name even though we had an agreement that the car would be mine and he would be selling the car that was under my name.


Asked on 8/31/12, 3:37 pm

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

You should definitely consult a lawyer. Your mother will have to file a Petition for College Contribution against your father in the divorce case. He can and will be made to contribute to your college expenses whether you live at home or not.

The car is a bit more complicated but you can bring it up in the same case as a college expenses. Afterall you need transportation to get to school and he welched on the deal you had. You may not win on this issue but if you don't try you get nothing.

BTW, some attorneys will take a college contribution case at a reduced fee and then go after Dad for payment of attorneys fees. Given the apparent disparity in income between you parents, its likely that Dad will have to pay almost all of it.

Good Luck

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Answered on 8/31/12, 5:56 pm


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