Legal Question in Family Law in Illinois

Jurisdiction / College Expenses

My husband was married/divorced in IL in the mid 1980s. His child support ended when the child turned 18 which occurred 2 yrs. ago. At that time, his daughter graduated hs, was attending cosmotology school (paid for by mother) and working full time. She dropped out of school and continued to work full time for the next 2 years.

Now the daughter has decided that she wants to go to jr college and then a 4 yr college. Exwife has petitioned the courts for my husband to pay (never addressed in divorce decree). Does IL still have jurisdiction over him or should this be filed per UIFSA which would then be ruled by KY laws (where we live)? Also can this be filed by the mother when child has reached the age of majority. Shouldn't she be petitioning that both parents pay?

Any advice is greatly appreciated.


Asked on 8/01/02, 12:02 pm

2 Answers from Attorneys
Martin Kasdan, Jr. Martin Z. Kasdan, Jr., Attorney at Law

Re: Jurisdiction / College Expenses

Is daughter in IL? If so, IL probably retains jurisdiction, and

IL counsel should be retained to address IL law issues in that court.

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Answered on 8/01/02, 2:59 pm
Philip Owens Philip M. Owens, Attorney at Law

Re: Jurisdiction / College Expenses

IL would have the jurisdiction in all probability expecially if the daughter lives there. The big issue is whether the Court can order the support. In Ky, no support would be ordered( in the absence of an agreement) past the 18th birthday or until graduation from High School if the child turned 18 prior to graduation. You need to obtain the services of local counsel where she has filed to address the issue. IL may treat this differently.

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Answered on 8/01/02, 4:22 pm


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