Getting a Divorce – Learn about How College Expenses are Different from Child Support
Divorce does not mean that you no longer support your children, especially after you are awarded custody. Your children are protected by child support laws and are entitled to receive college expenses after they have graduated high school. Here, we first describe the new child support law in Illinois to help you better understand how college expenses differ from it.
Illinois divorce laws went through an overhaul in July 2017. The biggest changes are in the laws that govern child support. These laws change the way parental care is defined and marked by the courts, in matters of divorce. The previous law used to work with the net income of the non-custodial parent and described the awarding of percentage income to child support, according to the number of kids that required child support.
The new law takes parenting into account as well. Although there may be exceptions, the law is based on who keeps the child for more than 146 nights a year, which is a period of 40% parenting time. Such a parent is termed as providing the parenting care.
Another scenario included in the new law is for parents who spend more than 146 nights with their children, and hence gain legal custody. The calculations are now based on joint income. As a result, the formula becomes more complex for parents who spend between 50% and 50% of their time with the children. It may be too difficult to understand how this new law would apply to you, and therefore, it is best that you hire an experienced family lawyer in Illinois to help you deal with these child support details.
This means that you must be careful when going through a divorce, if your children are reaching the age of going to college, which is a special child support scenario.
Remember, college expense comes after the initial child support. It is an expense which is incurred when the children are usually aged between 18 and 21. It is applied when the child support has exhausted its limit of high school graduation or the age of 18, whichever is later.
Law no. 750 ILCS 5/513 allows the judge ruling in your divorce case the power to define the educational expenses children enrolled in college. These expenses may include additional supporting elements as well. Usually, a college expense account is created by the judge in the state funds. The courts can also make decisions according to the individual merits of each case.
College expenses are different, because they are not limited or defined by your share in the total income (your income plus your partner’s income). Seeking legal help is essential in understanding how it will apply in your case. While going through the details of how the liabilities of the custodial and the non-custodial parents are divided, it is important that you seek the advice of an experienced lawyer, who can help you obtain the ideal situation in matters pertaining to college expenses after a divorce.
It is important to properly understand how college expenses are different from child support. Contact Cesario & Walkers today at 630-920-8800 to schedule an initial consultation and discuss your case.