Bill Text: IL HB5614 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that, if the child resides with a parent while attending college or an educational institution providing professional or vocational training, educational expenses include various expenses during periods of recess. Provides that, in the case of any award ordered by a court relative to postsecondary college, professional, or vocational training, the total amount awarded for undergraduate college education expenses may not exceed costs of attending a State university and expenses awarded for professional or vocational training programs may not exceed the cost of attending an institution in the State that provides comparable professional or vocational training sought by the child, the child must timely apply to all schools reasonably requested by both parents, the child must apply for loans, grants, or any other form of financial assistance for which the child is potentially eligible or qualified, and the duration of awards for educational expenses shall not exceed 4 years, or such lesser period established by a professional or vocational school for completion of the program in which the child has enrolled. Provides that in no event shall any third-party beneficiary rights arise with respect to awards for support or educational expenses.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB5614 Detail]

Download: Illinois-2011-HB5614-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB5614 Introduced , by Rep. Jim Sacia SYNOPSIS AS INTRODUCED:
750 ILCS 5/513 from Ch. 40, par. 513
Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that, if the child resides with a parent while attending college or an educational institution providing professional or vocational training, educational expenses include various expenses during periods of recess. Provides that, in the case of any award ordered by a court relative to postsecondary college, professional, or vocational training, the total amount awarded for undergraduate college education expenses may not exceed costs of attending a State university and expenses awarded for professional or vocational training programs may not exceed the cost of attending an institution in the State that provides comparable professional or vocational training sought by the child, the child must timely apply to all schools reasonably requested by both parents, the child must apply for loans, grants, or any other form of financial assistance for which the child is potentially eligible or qualified, and the duration of awards for educational expenses shall not exceed 4 years, or such lesser period established by a professional or vocational school for completion of the program in which the child has enrolled. Provides that in no event shall any third-party beneficiary rights arise with respect to awards for support or educational expenses.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 513 as follows:
(750 ILCS 5/513) (from Ch. 40, par. 513)
Sec. 513. Support for Non-minor Children and Educational
Expenses.
(a) 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:
(1) 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.
(2) The court may also make provision for the
educational expenses of the child or children of the
parties, whether of minor or majority age, and an
application for educational expenses may be made before or
after the child has attained majority, or after the death
of either parent. The authority under this Section to make

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provision for educational expenses extends not only to
periods of 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 19. 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, if the child resides with a parent while attending
college or an educational institution providing
professional or vocational training, during periods of
recess, which sums may be 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 a modification or termination of
any order entered under this Section. Unless the court
specifically finds that the child's safety would be

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jeopardized, each parent is entitled to know the name of
the educational institution the child attends. This
amendatory Act of the 95th General Assembly applies to all
orders entered under this paragraph (2) on or after the
effective date of this amendatory Act of the 95th General
Assembly.
The authority under this Section to make provision for
educational expenses, except where the child is mentally or
physically disabled and not otherwise emancipated,
terminates when the child receives a baccalaureate degree.
(b) In making awards under paragraph (1) or (2) of
subsection (a), or pursuant to a petition or motion to
decrease, modify, or terminate any such award, the court shall
consider all relevant factors that appear reasonable and
necessary, including:
(1) The financial resources of both parents.
(2) The standard of living the child would have enjoyed
had the marriage not been dissolved.
(3) The financial resources of the child.
(4) The child's academic performance.
(c) The following provisions apply to any award ordered by
a court under paragraph (2) of subsection (a) of this Section
relative to postsecondary college, professional, or vocational
training:
(1) the total amount awarded for undergraduate college
education expenses may not exceed costs of attending a

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State university according to the budget in effect when the
matter comes before the court; expenses awarded for
professional or vocational training programs may not
exceed the cost of attending an institution in the State
that provides comparable professional or vocational
training sought by the child;
(2) the child must timely apply to all schools
reasonably requested by both parents;
(3) the child must apply for loans, grants, or any
other form of financial assistance for which the child is
potentially eligible or qualified; and
(4) absent a compelling reason, and the agreement of
both parents, the duration of awards for educational
expenses shall not exceed 4 years or such lesser period
established by a professional or vocational school for
completion of the program in which the child has enrolled.
(d) In no event shall any third-party beneficiary rights
arise with respect to awards for support or educational
expenses pursuant to the provisions of this Section.
(Source: P.A. 95-954, eff. 8-29-08.)