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.
Divorce Articles