Breaking Law in Illinois: Social Security Income Not Exempt from Payment of College Expenses

The Appellate court began its reasoning by noting that under the Social Security Act (“the Act”), social security income can be attached for the limited purpose of “paying support or maintenance of a child”.  The critical issue was whether payment of college education expenses after a child reaches majority can constitute “support of a child.” The Appellate Court found, first that the obligation to care for one’s child normally ends when the child reaches the age of majority.  Further, there were no reported decisions in which an obligation to contribute to a child’s college expense had been found to be “support of a child” under the Act. Bankruptcy courts, however, have held that debt incurred for the expenses of a college education is excepted from discharge if the college expenses can reasonably be construed as child support. The Appellate Court reasoned that since federal bankruptcy courts have already recognized that orders requiring one or both parents to contribute to a child’s education can qualify as child support, college education expenses should be considered “support of a child” under the Act as well. Accordingly, the Father’s social security disability income was not exempt from attachment for purposes of paying college expenses.