Illinois is one of a handful of states where courts can order divorced parents to help pay for a child’s college education. Under Section 513 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/513), a court may require one or both parents to contribute to post-secondary educational expenses separate from child support. These obligations are subject to statutory limits, including University of Illinois Urbana-Champaign (UIUC)-based cost caps, academic performance requirements, and age restrictions.
At Caesar & Bender, LLP, Chicago divorce attorneys Michael Ian Bender and Molly E. Caesar bring decades of family law experience to these disputes. Our team handles complicated divorce and post-decree financial disputes, including Section 513 college contribution proceedings for high-asset divorce families in Chicago.
This guide explains how Section 513 works, what costs courts can order, how the University of Illinois cap limits contributions, and what the age and GPA rules mean for your family. If you have questions about whether Section 513 applies to your family, contact Caesar & Bender, LLP at (312) 236-1500.
Does Illinois Law Require Parents to Pay for College?
Not automatically. Illinois law allows a court to order one or both parents to contribute to a child’s post-secondary educational expenses in qualifying cases under Section 513 of the Illinois Marriage and Dissolution of Marriage Act. This is a separate obligation from regular child support under 750 ILCS 5/505, which generally applies to children under 18 and to children who are 18 but have not yet turned 19 and are still attending high school.
The distinction matters because college contributions under Section 513 can extend beyond regular child support and cover a broader range of educational expenses. However, a child generally is not entitled to file a petition for contribution unless a parent who had the right to file has died or has a legal disability.
| Feature | Section 513 College Support | Regular Child Support |
|---|---|---|
| Statutory basis | 750 ILCS 5/513 | 750 ILCS 5/505 |
| Age cutoff | 23 | Under 18, or 18 but not yet 19 if still attending high school. |
| Who can petition | Either parent/party; the child only if a parent who had the right to file has died or has a legal disability. | Either parent |
| Cost cap | U of I Urbana-Champaign rate | None (income-based formula) |
Key Takeaway: Illinois is one of a small number of states that allows courts to order divorced parents to pay college costs. This authority comes from Section 513 of the Illinois Marriage and Dissolution of Marriage Act and is entirely separate from child support. Intact families are not subject to these orders, as the law applies only when parents are divorced, separated, or never married.
What College Costs Can an Illinois Court Order Parents to Cover?
Section 513 defines educational expenses broadly. Courts can order parents to contribute to tuition and fees; on-campus or off-campus housing; meals and reasonable living expenses during the academic year and recess periods; books and supplies; medical expenses (including medical insurance); dental expenses; and transportation, where applicable. The statute also specifically includes pre-college costs, a category many parents overlook until the bills arrive.
What Are Pre-College Costs Under Section 513?
Before a child even enrolls in college, Section 513 allows courts to order parents to pay for expenses related to the college selection process. Under the statute, the court may require funds for up to five college applications, two standardized college entrance examinations, and one standardized college entrance examination preparatory course. The court may also require both parents and the child to complete the FAFSA and other financial aid forms before the applicable submission deadline.
What Costs Are Excluded?
Courts limit orders to expenses that are reasonable and necessary for the child’s education. Personal spending money, Greek life dues, non-degree entertainment, and costs at schools that the court has not approved generally fall outside what a judge will order. If a child enrolls at a school without the court’s knowledge or approval, the paying parent may challenge the expense.
Key Takeaway: Section 513 covers a broad range of educational expenses, including tuition, room and board, books, fees, medical insurance, transportation, and even pre-college costs like standardized test preparation and application fees. Courts evaluate whether each cost is reasonable and necessary for the child’s education.
What Is the Illinois College Cost Cap and How Does It Work?
Courts apply statutory UIUC-based limits by category: tuition and fees are capped at in-state UIUC tuition and fees for the same academic year, and housing is capped at the cost of a double-occupancy room with a standard meal plan in a UIUC residence hall, except for good cause shown. For 2025–2026, UIUC estimates Illinois resident expenses at $18,046–$23,426 for tuition and fees, $15,184 for food and housing, $1,200 for books and supplies, and $2,500 for other expenses. Section 513 does not use one single total-cost cap; it applies category-specific limits, including the UIUC in-state tuition-and-fees cap and the UIUC residence-hall housing cap.
Does the Cap Apply If the Child Attends a Private University?
Yes. If a child attends a private institution that costs $60,000 or $70,000 per year, the tuition-and-fees portion and housing portion are generally capped by the applicable UIUC statutory limits unless the parties agreed otherwise or the court finds good cause. The child and parents may voluntarily cover any remaining costs.
Can the UIUC Cap Be Exceeded by Agreement?
Parents can contractually agree to exceed the UIUC cap in a marital settlement agreement (MSA). If both parents agree during divorce proceedings to each pay 50% of costs at whatever school the child attends, that agreement can be enforced by court order regardless of the UIUC ceiling. In high-net-worth Chicago divorces, these agreements are common when families have the resources to fund private university educations.
Key Takeaway: Section 513 uses UIUC-based category caps, not one total cost-of-attendance cap. Tuition and fees are generally capped at the in-state UIUC tuition-and-fees amount for the same academic year, and housing is generally capped at the cost of a UIUC double-occupancy residence hall room with a standard meal plan, unless good cause or an agreement supports a different result.
How Do Illinois Courts Decide How Much Each Parent Pays?
Courts do not automatically split college costs 50/50. Instead, Section 513 directs judges to weigh several factors. The result is a proportional allocation based on each party’s ability to contribute, not a fixed formula.
Can the Child’s Financial Resources Be Considered?
Yes. Courts consider the child’s own resources when dividing costs. Financial aid, grants, scholarships, part-time work income, 529 accounts, and other child resources may affect the allocation. Student loans do not automatically reduce the parents’ obligation.
How Does a High-Asset Divorce Affect the Allocation?
In high-asset Chicago divorces, courts may order a higher dollar contribution within the applicable statutory limits because both parents may have greater financial resources. Judges scrutinize the MSA for existing college fund provisions, 529 accounts, and trust assets earmarked for education. If one parent controls significantly more wealth, that parent’s share may be substantially larger.
The standard-of-living factor also carries more weight in these cases. A child whose parents earned a combined income of $500,000 annually during the marriage is unlikely to be expected to take out large student loans when both parents have the means to contribute directly.
Key Takeaway: Courts divide college costs among both parents and the child based on each party’s financial resources, the child’s academic record, and the standard of living the child would have enjoyed had the marriage remained intact. In high-asset divorces, 529 accounts, investment portfolios, and trust funds are all factored into the allocation. Neither parent automatically pays half, as the split is proportional to resources.
Chicago Divorce Attorneys – Caesar & Bender, LLP
Michael Ian Bender, Esq.
Michael Ian Bender is a co-founding partner of Caesar & Bender, LLP and a former Domestic Relations Judge for the Circuit Court of Cook County. Having presided over family law cases, he brings a unique perspective to complex child related matters.
Michael earned his J.D., cum laude, and LL.M. with honors from the University of Illinois Chicago School of Law. He is the author of Protecting Children: Bettering the World One Child at a Time and has received numerous honors, including recognition by Best Lawyers in America, Leading Lawyers, Lawyers of Distinction, and Litigator of the Year. His lifelong commitment to protecting children’s interests continues to guide his family law practice.
Molly E. Caesar, Esq.
Molly E. Caesar is a co-founding partner of Caesar & Bender, LLP and an accomplished attorney focusing on child support, custody, parentage, divorce, maintenance, prenuptial agreements, and domestic violence matters. She has represented clients at the trial, appellate, and Illinois Supreme Court levels and is also a certified mediator, providing clients with both litigation and alternative dispute resolution experience.
Molly graduated summa cum laude from DePaul University College of Law and was inducted into the prestigious Order of the Coif. She serves as an Adjunct Professor at DePaul University College of Law and previously served as President of the North Suburban Bar Association. Her accomplishments include selection to Super Lawyers (2025–2026) and Super Lawyers Rising Stars (2018–2024), Emerging Lawyer, Litigator of the Year, as well as various other recognitions, reflecting her reputation for excellence in Illinois family law.
What Is the Age Cutoff Rule in Illinois?
Under Section 513, all educational expenses must be incurred no later than the child’s 23rd birthday. The obligation also ends when the child completes a bachelor’s degree, whichever happens first. Section 513 can cover college, vocational, professional, or other training after high school, but the court’s authority terminates when the child receives a baccalaureate degree, absent a separate agreement.
If a child takes a gap year, changes majors, or transfers schools, the clock keeps running. A student who starts college at 19 and takes five years to finish may find that the obligation expires before graduation if they hit the age ceiling.
The one narrow exception is that, for good cause shown, a court may extend the deadline to the child’s 25th birthday. However, the extension is not automatic and requires good cause.
Key Takeaway: Section 513 college support generally ends at age 23 or upon completion of a bachelor’s degree, subject to limited statutory exceptions and any enforceable agreement between the parents.
Does the Child’s GPA Affect a Parent’s Obligation to Pay?
Yes. Courts routinely condition college contribution orders on the child maintaining satisfactory academic progress. In practice, this typically means a C average or better, though courts may defer to the specific academic standards set by the child’s institution.
If a child’s grades drop below the required threshold, the paying parent can petition the court to suspend or terminate the contribution order. Similarly, if the child stops attending classes or is academically dismissed, the obligation can end. The child does not have to be an honors student, as courts require adequate, not exceptional, performance.
Section 513 also requires the child to provide both parents with access to academic records, including transcripts and grade reports. Failure to sign the required consent may be a basis for modification or termination of a Section 513 order.
Key Takeaway: A child’s academic performance can directly affect continued eligibility for Section 513 college contributions. A parent may petition to terminate or suspend payments if a child falls below this threshold, stops attending, or is academically dismissed.
When and How Can You Petition for College Support in Illinois?
A Section 513 petition is filed in the same court that entered the divorce judgment, typically in the county where the case was dissolved. In Cook County, that means filing with the Domestic Relations Division of the Circuit Court of Cook County. If the agreement is silent on college costs, either parent may still petition under Section 513.
Petitions filed before the child enrolls allow the court to set a contribution order in advance, so both parents know their obligations before tuition bills arrive. Petitions can also be filed after enrollment if circumstances change or a parent fails to contribute voluntarily.
At the hearing, parents are generally expected to provide current financial disclosures, including income statements, tax returns, and asset documentation. The court may require the parents and child to complete FAFSA and other financial aid forms, and courts commonly consider financial aid information and 529 account statements.
Key Takeaway: A Section 513 petition can be filed in the same court that entered the divorce judgment. In Cook County, petitions should be filed well before the child enrolls so that a contribution order is in place before tuition bills arrive. Both parents should be prepared to provide financial disclosures, the child’s financial aid information, and any college savings account statements because courts consider the parents’ and the child’s financial resources.
What If the Divorce Agreement Already Addressed College Costs?
If your divorce settlement agreement included college contribution terms, those provisions are generally enforceable as a court order. However, if the divorce judgment is silent on college costs, either parent may still petition under Section 513; the child may petition only in the limited death/legal disability scenario. The obligation will apply only to expenses incurred after the petition is filed, not retroactively to past semesters.
Courts can modify existing college contribution orders when there is a substantial change in circumstances. A parent who loses a job, experiences a significant income reduction, or faces a medical crisis can petition for a reduced share. Similarly, if a child transfers to a less expensive school or receives a substantial scholarship, the order may be adjusted downward.
Key Takeaway: If your divorce settlement agreement included college contribution terms, those provisions are generally enforceable as a court order. If the agreement is silent on college costs, either parent may still petition under Section 513. The child may petition only if a parent who had the right to file has died or has a legal disability.
Planning for College Costs After Divorce in Illinois
Section 513 disputes, especially in high-net-worth cases involving 529 accounts, trusts, and college funding provisions, are among the most financially consequential post-decree matters a divorced parent can face. Over several academic years, college contribution disputes can involve tens of thousands of dollars and may exceed $100,000, depending on the child’s school, expenses, and allocation.
At Caesar & Bender, LLP, we handle petitions, modifications, and enforcement actions in the Domestic Relations Division of the Cook County Circuit Court, working to ensure that college cost allocations reflect each party’s actual financial resources.
Call Caesar & Bender, LLP at (312) 236-1500 to schedule a consultation. Our office at 150 North Michigan Avenue serves families across Cook, DuPage, and Lake counties.
Frequently Asked Questions About Section 513 College Contributions in Illinois
Can a college-aged child file their own Section 513 petition?
Generally, no. Section 513 says the child is not entitled to file a petition for contribution, except when a parent who had the right to file has died or has a legal disability.
Does Section 513 apply if my child was born outside of marriage?
For never-married parents, educational expenses may be addressed after parentage is legally established because the Illinois Parentage Act applies the relevant IMDMA standards to educational expenses for a non-minor child.
What happens if a parent refuses to pay a Section 513 college contribution order?
The order is enforceable like any other court order. A parent who refuses to pay can be held in contempt of court, face wage garnishment, or be subject to other enforcement remedies available under the law.
Can college support be ordered for a community college or a trade school?
Section 513 covers post-secondary education broadly, including community colleges, vocational programs, and trade schools. The statute is not limited to four-year universities.
Does financial aid or scholarship money reduce what parents owe?
Courts may reduce the parents’ obligation by the amount of scholarships, grants, and other financial aid the child receives, meaning a child who earns a significant scholarship may require less from each parent.
Is graduate school covered by Section 513?
Not by default. The 23-year-old age cap and bachelor’s degree completion rule generally exclude graduate or professional school. However, if the parents specifically agreed in their MSA to cover graduate school costs, that agreement can be enforced.
Can the college contribution order be modified after it is entered?
Either parent can petition for modification based on a substantial change in circumstances, such as a job loss, significant income change, or the child transferring to a different school.
What if one parent is hiding assets? Does that affect the Section 513 calculation?
Courts can consider evidence that a parent is concealing income or assets when evaluating that parent’s financial resources. A parent concerned about hidden assets should raise the issue through discovery and financial disclosures.
