- For Attorneys
The applicable Illinois statutes are as follows:
750 ILCS 5/505 (from Ch. 40, par. 505)
Sec. 505. Child support; contempt; penalties.
(a) In a proceeding for dissolution of marriage, legal
separation, declaration of invalidity of marriage, a
proceeding for child support following dissolution of the
marriage by a court which lacked personal jurisdiction over
the absent spouse, a proceeding for modification of a
previous order for child support under Section 510 of this
Act, or any proceeding authorized under Section 501 or 601 of
this Act, the court may order either or both parents owing a
duty of support to a child of the marriage to pay an amount
reasonable and necessary for his support, without regard to
marital misconduct. The duty of support owed to a child
includes the obligation to provide for the reasonable and
necessary physical, mental and emotional health needs of the
child. For purposes of this Section, the term "child" shall
include any child under age 18 and any child under age 19 who
is still attending high school.
750 ILCS 5/513 (from Ch. 40, par. 513)
Sec. 513. Support for Non-minor Children and Educational
(a) The court may award sums of money out of the
property and income of either or both parties or the estate
of a deceased parent, as equity may require, for the support
of the child or children of the parties who have attained
majority in the following instances:
(1) When the child is mentally or physically disabled and
not otherwise emancipated, an application for support may be
made before or after the child has attained majority.
(2) The court may also make provision for the educational
expenses of the child or children of the parties, whether of
minor or majority age, and an application for educational
expenses may be made before or after the child has attained
majority, or after the death of either parent. The authority
under this Section to make provision for educational expenses
extends not only to periods of college education or
professional or other training after graduation from high
school, but also to any period during which the child of the
parties is still attending high school, even though he or she
attained the age of 19. The educational expenses may include,
but shall not be limited to, room, board, dues, tuition,
transportation, books, fees, registration and application
costs, medical expenses including medical insurance, dental
expenses, and living expenses during the school year and
periods of recess, which sums may be ordered payable to the
child, to either parent, or to the educational institution,
directly or through a special account or trust created for
that purpose, as the court sees fit.
If educational expenses are ordered payable, each
parent and the child shall sign any consents necessary for
the educational institution to provide the supporting parent
with access to the child's academic transcripts, records, and
grade reports. The consents shall not apply to any
non-academic records. Failure to execute the required consent
may be a basis for a modification or termination of any order
entered under this Section.
The authority under this Section to make provision
for educational expenses, except where the child is mentally
or physically disabled and not otherwise emancipated,
terminates when the child receives a baccalaureate degree.
(b) 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.
(Source: P.A. 91-204, eff. 1-1-00; 92-876, eff. 6-1-03.)