Does Child Support Continue Through College in Illinois?

Regular child support does not automatically continue through college in Illinois, but that is not the end of the story. Under a separate statute, Section 513 of the Illinois Marriage and Dissolution of Marriage Act, a court can order one or both parents to help pay their child’s college expenses after the child turns 18.¹ It does not happen on its own. A parent has to file a petition, and a judge decides what each parent owes based on income, the child’s finances, and other factors.

How College Expense Orders Differ From Child Support

The distinction matters. Ordinary child support in Illinois ends when the child reaches the age of majority or graduates from high school. A court will not simply roll an existing support order into college payments when the child enrolls at a university. College contributions come from a different legal mechanism entirely, and they require a fresh court order under Section 513.¹

Section 513 applies whether the parents were divorced or never married. The Illinois Parentage Act pulls in the same framework, so an unmarried parent with a parentage order can face the same obligation. One factor drops out for unmarried parents: the court does not consider what standard of living the child would have enjoyed “had the marriage not been dissolved,” because there was no marriage.¹

The child cannot bring the petition. Illinois law is explicit that the child is not a third-party beneficiary of any settlement or judgment between the parents and has no independent right to file. The only exception is if a parent who would have had the right to file dies or becomes legally disabled; then the child can step in.¹

Filing the Petition and Why Timing Matters

The petition goes to the same court that handled the divorce or parentage case. File early. A college expense order is only retroactive to the date the petition is filed, which means any tuition, housing, or fees already paid before that date cannot be recovered from the other parent.¹ A parent who waits until the second semester to file has already lost the first semester’s contribution.

Both parents will need to produce detailed financial disclosures, including tax returns, pay stubs, and records of assets and debts. Many families reach a settlement without a trial and have the judge enter it as a binding order. When they cannot agree, the court holds a hearing.

What a Court Can Order You to Pay For

Section 513 covers more than tuition. Covered expenses include:

Tuition and mandatory fees
On-campus room and board, or a reasonably priced off-campus equivalent
Required books and supplies
Medical and dental expenses, including health insurance premiums
Reasonable living expenses during the academic year and school breaks
Transportation between school and a parent’s home
Up to five college application fees, two standardized entrance exams, and one test-prep course

The statute reaches earlier stages of school too. If a child is still in high school after turning 19, the court can order educational expense support for that period.¹

The University of Illinois Cap

There is a ceiling on what a court can order. Illinois uses the University of Illinois at Urbana-Champaign as the benchmark, and the cap has two parts. Tuition and fees are capped at U of I’s in-state rate for the academic year. Housing is capped at the cost of a double-occupancy dorm room with a standard meal plan at U of I. These are separate limits, not a single combined figure.¹

For scale, U of I’s published in-state tuition and fees run roughly $18,000 to $23,400 depending on the student’s major, and food and housing add about $15,200.² If a child attends a more expensive private school, each parent’s obligation is still measured against the U of I numbers unless the judge finds “good cause” to exceed the cap. Good cause is not routine, and the parent asking for more has to make the argument.

How the Court Decides Each Parent’s Share

Illinois judges do not split college costs 50/50 by default. The statute lists four factors:¹

Each parent’s financial resources, current and future, including retirement savings. A court will not empty a parent’s 401(k) to fund tuition.
The standard of living the child would have enjoyed absent the divorce. If both parents are college-educated professionals, the court is more inclined to fund a four-year university. This factor drops out for unmarried parents.
The child’s own financial resources, including scholarships, grants, student loans, savings, and part-time work income. The court can expect the child to take on reasonable student debt.
The child’s academic performance.

Scholarships, grants, and other financial aid reduce the pool of expenses the parents have to divide. A 529 plan set up during the marriage is treated as a resource of the child, so the balance comes off the top before the court allocates the remainder between the parents. Contributions a parent makes to a 529 after the divorce, though, count as that parent’s contribution rather than the child’s resource.¹

The Child’s Role: FAFSA, Grades, and Records Consent

The child is not passive in this process. The court can require both parents and the child to complete the Free Application for Federal Student Aid and any other financial aid applications by their deadlines.¹ FAFSA results drive eligibility for grants, federal loans, and institutional aid, all of which shrink what the parents have to cover. A parent who stalls on the FAFSA can cost the child thousands.

Once an order is in place, the child must sign a consent form allowing the school to share academic transcripts and grade reports with the paying parent. Consent is limited to academic records; it does not extend to disciplinary or counseling files. If the child refuses to sign, the court can modify or terminate the expense order.¹ Unless a judge finds the child’s safety would be at risk, both parents are also entitled to know which school the child attends.

When the Obligation Ends

A Section 513 order terminates automatically when any of the following happens:¹

The child earns a bachelor’s degree.
The child turns 23. A court can extend this to 25 for good cause, but expenses must be incurred before the cutoff.
The child’s cumulative GPA drops below a C average, subject to good-cause exceptions like illness.
The child gets married.

Some things do not end the obligation. Enlisting in the military, being incarcerated, and becoming pregnant are each specifically listed as events that do not terminate the court’s authority to order educational expenses.¹ A child who serves in the military and then enrolls in college at 22 can still have a valid claim.

Modifying an Order If Circumstances Change

Either parent can go back to court to decrease, modify, or terminate an existing order. The judge applies the same four factors used to create the original order.¹ Common triggers include a job loss, disability, a significant raise, a large scholarship the child did not have at the time of the original order, or the child transferring to a cheaper school. Refusal to sign the academic records consent is by itself a ground for termination.

1
Illinois General Assembly. Illinois Code 750 ILCS 5/513 – Educational Expenses for a Non-minor Child
2
University of Illinois Admissions. Tuition