- Divorce Articles
- Support For Non-Minor Children and Educational Expenses
Support For Non-Minor Children and Educational Expenses
The court may award sums of money out of the property and income of either or both parties or the estate of a deceased parent, as equity may require, for the support of the child or children of the parties who have attained majority in the following instances:
When the child is mentally or physically disabled and not otherwise emancipated, an application for support may be made before or after the child has attained majority. The court may also make provisions for the educational expenses of the child or children of the parties, whether of the minor or majority age, and an application for educational expenses may be made before or after the child had attained majority, or after the death of either parent. The authority under this Section to make provision for educational expenses extends not only to periods of the college education or professional or other training after graduation from high school, but also to any period during which the child of the parties is still attending high school, even though he or she attained the age of 18. The educational expenses may include, but shall not be limited to room, board, dues, tuition, transportation, books, fees, registration, and application costs, medical expenses including medical insurance, dental expenses, and living expenses during the school year and periods of recess, which sums may ordered payable to the child, to either parent, or to the educational institution, directly or through a special account or trust created for that purpose, as the court sees fit. If educational expenses are ordered payable, each parent and the child shall sign any consents necessary for the educational institution to provide the supporting parent with access to the child’s academic transcripts, records, and grade reports. The consents shall not apply to any non-academic records. Failure to execute the required consent may be a basis for modification or termination of any order entered under this Section.
The authority under this Section to make provision for educational expenses, expect where the child is mentally or physically disabled and not otherwise emancipated, terminates when the child receives a baccalaureate degree.
In making awards under the paragraph (1) or (2) of subsection (a), or pursuant to petition or motion to decrease, modify, or terminate any such award, the court shall consider all relevant factors that appear reasonable and necessary, including: The financial resources of both parents. The standard of living the child would have enjoyed had the marriage not been dissolved. The financial resources of the child. The child’s academic performance.