Northern Illinois Family Law Attorneys
One critical issue for consideration during and after a divorce is the responsibility of both parties to provide for the welfare of children. Illinois law goes beyond child support to establish additional duties of parents. One such duty that may exist in certain cases is the duty of parents to contribute to a child's college expenses. This duty is not absolute and depends on a variety of factors.
New Case Law Could Impact Your Rights
Does your divorce decree reserve the issue of college expenses? If so, you are not alone. Many divorce decrees reserve the determination of college expense contributions.
A recent case ruling in Illinois may significantly affect your rights. The ruling held that where the issue of college expense contributions has been reserved, a motion to determine the responsibility of each party for college expenses is tantamount to a child support modification. Accordingly, an Illinois court generally will not order your former spouse to pay for college expenses that have been incurred prior to the date that you file your motion.
If your child is about to enter college, take immediate action by contacting our firm. If your child is already in college, do not delay further, as you likely will be eligible to receive contributions only for those college expenses he or she incurs after the date that your motion is filed with the court.
Contact Our Kane County Family Law Attorneys
If you have questions about college expenses and your rights, contact a lawyer at Brady & Jensen. We serve clients throughout Northern Illinois, including the Chicago metro area, Cook, Kane, DuPage, Lake, McHenry, DeKalb, Boone and Winnebago counties.
To schedule a free consultation with an Elgin family law attorney at our firm, contact us toll free at 866-930-2063. You may also contact us by e-mail.