Does Child Support Continue Through College in Illinois?

In Illinois, standard child support does not continue once a child graduates high school or turns 18, whichever comes later. But a separate statute — Section 513 of the Illinois Marriage and Dissolution of Marriage Act — lets a court order one or both parents to help pay specific college costs for a non-minor child.¹ It is not automatic. A parent has to file a petition, and a judge decides what each parent owes based on finances, the child’s academic record, and available aid.

Child Support Versus Section 513 College Expenses

These are two different legal mechanisms. Regular child support ends under its own terms. A Section 513 order starts fresh, with its own petition, its own hearing, and its own set of statutory factors. A court will not simply convert an existing support order into college payments when the child enrolls.

Section 513 applies to divorced parents and, through the Illinois Parentage Act, to unmarried parents once parentage has been established.¹ The only difference for unmarried parents is that the court skips the factor about the lifestyle the child would have had if the marriage had not ended, since there was no marriage.

Who Files, and When

Only a parent can file. The child is not a third-party beneficiary of the parents’ divorce judgment or settlement, and the child has no independent right to petition for college support.¹ The narrow exception: if the parent who would have filed dies or becomes legally disabled, the child can then step into that parent’s place and file.

The petition goes back to the same court that handled the divorce or parentage case. Timing is the part that trips people up. A court order for college expenses is retroactive only to the date the petition is filed. Tuition and fees paid before that date cannot be reimbursed by the other parent.¹ If you expect to need help with college costs, file before the first bill is due.

What Expenses a Court Can Order

Section 513 reaches a wide range of costs, not just tuition:

Tuition and mandatory fees.
Housing, whether on-campus room and board or a reasonable off-campus arrangement.
Books and required course materials.
Medical and dental costs, including health insurance premiums for the child.
Reasonable living expenses during the academic year and school breaks.
Transportation between school and a parent’s home.
Pre-enrollment costs: up to five college application fees, two standardized entrance exams, and one test-prep course.

The statute also covers a child who is still in high school after turning 19, so educational support can start before college in those cases.¹

The University of Illinois Cap

Illinois law caps what a court can order by using the University of Illinois at Urbana-Champaign as the benchmark, and the cap has two separate pieces. Tuition and fees cannot exceed the in-state rate at U of I for that academic year. Housing cannot exceed the cost of a double-occupancy dorm room with a standard meal plan at U of I.¹ These are two limits, not one combined number.

For scale, U of I’s published in-state tuition and fees run from roughly $18,000 to $23,400 depending on the student’s major, and food and housing add about $15,200.² A parent whose child attends a more expensive private school still has their court-ordered share measured against the U of I figures unless the judge finds “good cause” to go higher. Good cause findings are not routine.

How a Judge Decides Each Parent’s Share

Costs are not split down the middle by default. The court weighs four statutory factors:¹

Each parent’s financial resources, including current income, assets, future earning capacity, and other financial obligations. The statute specifically protects retirement savings — a judge will not drain a 401(k) to fund tuition.
The standard of living the child would have had if the parents stayed together. This factor does not apply when the parents were never married.
The child’s own financial resources, including scholarships, grants, student loans, savings, and part-time work. A court can expect the child to take on reasonable student debt.
The child’s academic performance.

Both parents will submit detailed financial disclosures: tax returns, pay stubs, assets, and debts. Many parents negotiate a settlement rather than go to trial, and a judge can approve that agreement as a binding order. If parents cannot agree, the judge holds a hearing and rules.

529 plans and financial aid both reduce the pool of costs the parents have to divide. Money in a 529 set up during the marriage is treated as the child’s resource. But contributions a parent makes to the 529 after the divorce is finalized count as that parent’s contribution rather than the child’s resource, so a parent who keeps funding the account gets credit for those deposits.¹ Scholarships and grants similarly reduce the amount the parents are left to cover.

What the Child Has to Do

The child is not a passive beneficiary. The court can require both parents and the child to complete the FAFSA and other financial aid forms on time.¹ A parent who stalls on the FAFSA can cost the child thousands in grants and federal loans that would otherwise cut the family’s out-of-pocket cost.

Once a Section 513 order is in place, the child must sign a consent form letting the school share academic transcripts, records, and grade reports with the paying parent. The consent covers academic records only, not disciplinary or counseling files. If the child refuses to sign, the court can modify or terminate the expense order.¹ Unless the judge specifically 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 obligation terminates automatically when any of these happens:¹

The child earns a bachelor’s degree.
The child turns 23. Expenses must be incurred before the 23rd birthday, though a court can extend this to 25 for good cause.
The child’s cumulative GPA drops below a C average, subject to good cause exceptions like illness.
The child marries.

Some things parents assume will end the obligation do not. Enlisting in the military, being incarcerated, and becoming pregnant are each specifically listed in the statute as events that do not terminate the court’s authority to order educational expenses.¹

Either parent can also petition to modify or terminate an existing order if circumstances change. The court reapplies the same four factors. Common triggers include job loss or disability, a significant raise, a new scholarship, or the child transferring to a cheaper school.

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