Divorcing Parties’ Guide to Recent Changes to IMDMA regarding College Expenses

Governor Rauner has signed P.A. 99-90, rewriting the Illinois Marriage and Dissolution of Marriage Act (IMDMA), 750 ILCS 5/101 effective January 1, 2016. There are several revisions that will affect those divorcing this year and in years to come. For parties with children, an important rewritten provision to consider is section 513, which addresses contribution to children’s college expenses.  Currently, under section 513 of the IMDMA, there are no requirements for requesting financial aid, there is no mandated payment of college entrance exams and prep courses, there are no limitations or caps on the cost of where a child can attend college, there is no statutorily mandated definition of college expenses and a child was not required to maintain a certain grade point average.  Under the rewritten provision, however, the following changes will now be in effect:

FASFA and Applications. The court can now require both parties and the child to complete the Free Application for Federal Student Aid (FASFA) regardless of whether an award for educational expenses of the child has been made. Further, the court can require the parties to pay for the child’s entrance exams and even a course to prepare for such an exam. The court may require the parties to provide funds for the child’s college applications, for up to 5 colleges. These provisions are all new and will aid parents and their children in reducing college expenses and clarifying when it is appropriate or necessary for parent’s to chip in for pre-college expenses.

U of I Sets the Standard. College education expenses are now capped at what is charged at the University of Illinois at Champaign-Urbana unless good cause is shown or, of course, the parties otherwise agree. Presumably, if a party or both parties are alumni of a particular college, or if the child has exhibited a proclivity for a certain college, the court will consider that in ordering contribution. Of course, the court will look to the resources of the parties and the child when making such a determination.