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IL Child Support Laws - can a non-custodial parent of a child born out of wedlock be obligated to pay for that child's college?

Chicago, IL |

My husband has a daughter that will be going to college in three years. Her mother and I have a decent relationship. She just sent a message to me asking what my plans were to help her pay for the childs tuition/books? My husband and I were not planning on paying. I am actually still in school myself and can not afford to pay additionally. Can she ask the court to issue a judgment?

Attorney Answers 2

  1. She can ask the court. However, absent special circumstances, child support ends when child turns 18 unless they are still in high school in which case it ends at 19.

    Although there is no legal requirement to pay, there is certainly a moral imperative. The daughter should go to college and payment options should be discussed by you, your husband and the mother. Costs can be paid by combinations of scholarships, work study, student loans, parent loans, savings, etc. I am sure your husband loves his daughter and wants her to succeed in life. For that she needs to go to college.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

  2. 750 ILCS 5/513 governs college contribution. Yes she can petition the court, and it will go to a hearing if the parties are unable to come to a preliminary agreement. Because tens of thousands of dollars are at stake, it might be a good idea to talk to an attorney regarding his rights in this particular situation.

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