The section of my MSA related to college says, "The parties shall contribute to the cost of the children’s post high school education according to the statutory provisions at the time the need arises." Does that mean we continue the 50/50 arrangement we've used for educational expenses up to this point?
You can simply continue paying for college as you have been. If you were to go to court because you are no longer in agreement, the court would consider the law in effect now (which may be the same as the law in effect when you divorced.
You should meet with an attorney if you feel that you need to consider what the court may do differently than what you are doing now (50-50).
What is means is that your respective obligations will be determined by Section 513 of the Illinois Marriage and Dissolution of Marriage Act. The factors considered by the court to apportion the college costs include:
(1) The present and future financial resources of both parties to meet their needs, including, but not limited to, savings for retirement.
(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.
It is difficult to more precisely answer your question here. You should consult with an experience family law attorney to have all your questions answered. Most provide a free consultation.
No, it means that allocation of college expenses shall be as set out in Section 513 of the IMDMA, or the parties may agree as to how those expenses shall be paid. Loosely speaking, college expenses are allocated based on ability to pay off father, mother and child. Best to consult with an attorney as this isn't usually a do it yourself project.
As the other attorneys said, the wording requires you to contribute to the college expenses. This can be by agreement or if there is no agreement, one would have to file a petition and the court will decide considering the factors previously stated. If you are not sure if a 50/50 arrangement is appropriate, you should consult an attorney.
Any answers or information provided is for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the legal issues. This is not intended to create a attorney-client relationship. Each individual's situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state for specific information.
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