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Can a lawyer request on court order to have non-custodial parent to pay 1/2 of future college expenses for child

Chicago, IL |

I hire a lawyer on a parentage case, for non-custodial to help w/ college expenses for child. I am on disability , non-custodial parent works full-time and has a family now. My lawyer claims that we cannot request for future obligation from non-custodial parent because he does not make a lot and because of the economy today. I requested even if he had to pay monthly small payments until he covered his half but my lawyer wont do it. What are my options? What can I do? I don't work, don't receive a lot of money from disability . child cannot work in order for child to graduate on time needs to take a heavy load of classes that don't allow her time to get a part-time. Is it true what my lawyer is telling me, that I am lucky I got the little the non-custodial parent agree to pay for one year

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Attorney answers 3

Posted

you could fire your lawyer and hire a new one. you could have a conversation with your lawyer to try to understand better what the lawyer is saying.

if the child is not in college nor close to it now, do not worry about college now. if the child is close to or in college now, then a college petition is proper. both parents should comply with local rule 13 concerning financial information. let the judge decide if the parents cannot agree.

Posted

Perhaps you should consult in person with another attorney to at least get a second opinion, which should help you better understand the way that college contributions are allocated. The age of your child is a necessary factor. Courts do not usually enter 50% orders for youngsters because many things can change before college age.

Posted

under section 513 of the IMDMA states that the court can order support in the form of tuition and other college expenses according to the respective financial positions of the parents. So, if you have only income from disability and he works, it is likely that the court will order your ex to pay for college and expenses proportionately to your respective incomes. Therefore, if you have 10% of the amount of income between you and your ex and he has 90% then you would pay 10% of college and expenses and he would pay 90%.