Legal Question in Family Law in Illinois
paying for college
child is 18. I've paid for 18 years. In original contract I agreed to 1/2 of college (I had no lawyer). I'm married w/3 kids of my own and feel I've met my obligation to a child I never met. Am I obligated?
3 Answers from Attorneys
Re: paying for college
Likely yes. Illinois law provides for post-majority educational expenses to be covered. I generally don't advise that someone agree to this up front because you don't know what will change before the child's ready to go to college. The ways to contest this are mostly two-fold: where can/should child attend school (in other words not the most expensive place if comparable option exists) & the final circumstances of the parents...not always 50/50 in other words. College contribution can be modified too.
Re: paying for college
Yes. The relationship between you and child is irrelevant. It was your choice not to have contact with the child. Furthermore as you said you agreed to pay 1/2 of the costs.
Re: paying for college
No. I respectfully disagree with the other two attorneys (who I have dealt with). Section 513 is not mandatory, and not unmodifiable. Here is the relevant statute section:
In making awards under paragraph (1) or (2) of subsection (a), or pursuant to a petition or motion to decrease, modify, or terminate any such award, the court shall consider all relevant factors that appear reasonable and necessary, including:
(1) The financial resources of both parents.
(2) The standard of living the child would have
enjoyed had the marriage not been dissolved.
(3) The financial resources of the child.
(4) The child's academic performance.
Since you are asking to modify the award, the court will look at your financial situation. Feel free to contact me if you have further questions.