Bill Text: IL SB1864 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Illinois Marriage and Dissolution of Marriage Act. In provisions governing the award of sums of money for the education of a non-minor child, changes "educational expenses" to "reasonable and necessary educational expenses". Provides that in making an award for reasonable and necessary educational expenses, the court shall consider any grants, scholarships, tuition assistance, or other financial aid available to the child.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB1864 Detail]

Download: Illinois-2017-SB1864-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB1864 Introduced 2/9/2017, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
750 ILCS 5/513 from Ch. 40, par. 513
Amends the Illinois Marriage and Dissolution of Marriage Act. In provisions governing the award of sums of money for the education of a non-minor child, changes "educational expenses" to "reasonable and necessary educational expenses". Provides that in making an award for reasonable and necessary educational expenses, the court shall consider any grants, scholarships, tuition assistance, or other financial aid available to the child.
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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. Reasonable and necessary educational Educational
expenses for a non-minor child.
(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 reasonable and
necessary educational expenses of any child of the parties.
Unless otherwise agreed to by the parties, all reasonable and
necessary educational expenses which are the subject of a
petition brought pursuant to this Section shall be incurred no
later than the student's 23rd birthday, except for good cause
shown, but in no event later than the child's 25th birthday.
(b) Regardless of whether an award has been made under
subsection (a), the court may require both parties and the
child to complete the Free Application for Federal Student Aid
(FAFSA) and other financial aid forms and to submit any form of
that type prior to the designated submission deadline for the
form. The court may require either or both parties to provide

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funds for the child so as to pay for the cost of up to 5 college
applications, the cost of 2 standardized college entrance
examinations, and the cost of one standardized college entrance
examination preparatory course.
(c) The authority under this Section to make provision for
reasonable and necessary educational expenses extends not only
to periods of college education or vocational 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.
(d) Reasonable and necessary educational Educational
expenses may include, but shall not be limited to, the
following:
(1) except for good cause shown, the actual cost of the
child's post-secondary expenses, including tuition and
fees, provided that the cost for tuition and fees does not
exceed the amount of in-state tuition and fees paid by a
student at the University of Illinois at Urbana-Champaign
for the same academic year;
(2) except for good cause shown, the actual costs of
the child's housing expenses, whether on-campus or
off-campus, provided that the housing expenses do not
exceed the cost for the same academic year of a
double-occupancy student room, with a standard meal plan,
in a residence hall operated by the University of Illinois

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at Urbana-Champaign;
(3) the actual costs of the child's medical expenses,
including medical insurance, and dental expenses;
(4) the reasonable living expenses of the child during
the academic year and periods of recess:
(A) if the child is a resident student attending a
post-secondary educational program; or
(B) if the child is living with one party at that
party's home and attending a post-secondary
educational program as a non-resident student, in
which case the living expenses include an amount that
pays for the reasonable cost of the child's food,
utilities, and transportation; and
(5) the cost of books and other supplies necessary to
attend college.
(e) Sums may be ordered payable to the child, to either
party, or to the educational institution, directly or through a
special account or trust created for that purpose, as the court
sees fit.
(f) If reasonable and necessary educational expenses are
ordered payable, each party and the child shall sign any
consent necessary for the educational institution to provide a
supporting party with access to the child's academic
transcripts, records, and grade reports. The consent shall not
apply to any non-academic records. Failure to execute the
required consent may be a basis for a modification or

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termination of any order entered under this Section. Unless the
court specifically finds that the child's safety would be
jeopardized, each party is entitled to know the name of the
educational institution the child attends.
(g) The authority under this Section to make provision for
reasonable and necessary educational expenses terminates when
the child either: fails to maintain a cumulative "C" grade
point average, except in the event of illness or other good
cause shown; attains the age of 23; receives a baccalaureate
degree; or marries. A child's enlisting in the armed forces,
being incarcerated, or becoming pregnant does not terminate the
court's authority to make provisions for the reasonable and
necessary educational expenses for the child under this
Section.
(h) An account established prior to the dissolution that is
to be used for the child's post-secondary education, that is an
account in a state tuition program under Section 529 of the
Internal Revenue Code, or that is some other college savings
plan, is to be considered by the court to be a resource of the
child, provided that any post-judgment contribution made by a
party to such an account is to be considered a contribution
from that party.
(i) The child is not a third party beneficiary to the
settlement agreement or judgment between the parties after
trial and is not entitled to file a petition for contribution.
If the parties' settlement agreement describes the manner in

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which a child's reasonable and necessary educational expenses
will be paid, or if the court makes an award pursuant to this
Section, then the parties are responsible pursuant to that
agreement or award for the child's reasonable and necessary
educational expenses, but in no event shall the court consider
the child a third party beneficiary of that provision. In the
event of the death or legal disability of a party who would
have the right to file a petition for contribution, the child
of the party may file a petition for contribution.
(j) In making awards under this Section, 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 present and future financial resources of both
parties to meet their needs, including, but not limited to,
savings for retirement.
(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.
(5) Any grants, scholarships, tuition assistance, or
other financial aid available to the child.
(k) The establishment of an obligation to pay under this
Section is retroactive only to the date of filing a petition.
The right to enforce a prior obligation to pay may be enforced
either before or after the obligation is incurred.

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(Source: P.A. 99-90, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642,
eff. 7-28-16; 99-763, eff. 1-1-17.)