Trouble at School; How Failing Grades Can Affect Your Support Obligation

 Posted on December 13, 2016 in Child Support

It seems that just a few short weeks ago, students around the country were preparing to go back to school. Retail outlets were full of pencils and notebooks, as well as dorm room furniture for those heading off to college. Suddenly, the fall semester is just about over, and most college students are looking forward to a couple weeks off before the spring semester begins. Others, however, may have rather unsatisfactory experiences at school this term along with poor grades. If you as a parent have been ordered to contribute to your child’s college expenses, his or her report card could be a sign that your obligation needs to be reevaluated.

Non-Minor Support for College Expenses

According to Illinois law, divorced parents can be required to contribute to the educational expenses of their children, even after the child has reached age 18 and started college. In ordering non-minor support, a court must take into account a number of factors, including the family’s financial situation before the divorce and each parent’s income and resources since the split. Other considerations include the child’s income and resources, such as his or her eligibility for grants, scholarships, and assistance programs. The child’s academic performance must also be factored into the decision.

Terminating College Expense Support

If the court orders one or both parents to contribute toward the child’s educational expenses, the order places certain responsibilities on the student as well. He or she must demonstrate good faith efforts in completing his or her education, at least as it pertains to the program specified in the order. Parental contributions, once ordered, will normally continue until the child completes a bachelor’s degree, gets married, or turns 23 years old—25 years old for good cause shown.

The child must also maintain at least a cumulative C average during the course of his or her studies. While the law permits a support order to be terminated if the student drops below a cumulative C average, a court may offer some relief. For example, if a student in his or her first year of college is legitimately struggling to make the adjustment to university life but has made efforts to get tutors and other help, a single semester of poor grades may not result in the termination of support. If the pattern continues beyond the first term, however, the order may not last much longer.

Seek Legal Guidance

If your child is struggling in school and you have questions about your continuing obligation for providing college expense support, contact an experienced Lombard family law attorney. Call A. Traub & Associates at 630-426-0196 for a confidential consultation with a member of our team today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=0&SeqStart=6100000&SeqEnd=8350000