Chicago Divorce Attorney Michael Ian Bender Explains College Expense Obligations Under Illinois Section 513

CHICAGO, IL - August 18, 2026 - Divorced parents in Illinois may be ordered by a court to contribute to their child's college education under a state law that operates separately from traditional child support. Chicago divorce attorney Michael Ian Bender of Caesar & Bender, LLP (https://www.caesarbenderlaw.com/blog/college-expenses-divorce-illinois-513/) is offering guidance on how Section 513 of the Illinois Marriage and Dissolution of Marriage Act allows courts to allocate post-secondary educational expenses between parents, subject to statutory caps, age limits, and academic performance requirements.

According to Chicago divorce attorney Michael Ian Bender, Illinois stands among a small group of states where courts hold the authority to order divorced, separated, or never-married parents to help fund a child's college education. Under Section 513 (750 ILCS 5/513), this obligation is distinct from regular child support governed by 750 ILCS 5/505, which generally applies to children under 18. "Many parents are surprised to learn that their financial obligations can extend well beyond a child's eighteenth birthday and into the college years," Bender explains.

Chicago divorce attorney Michael Ian Bender notes that Section 513 defines educational expenses broadly. Courts may order parents to contribute to tuition and fees, on-campus or off-campus housing, meals, books and supplies, medical and dental expenses, and transportation. The statute also covers pre-college costs that many families overlook, including funds for up to five college applications, two standardized entrance examinations, and one test preparatory course, along with a requirement that parents and the child complete the FAFSA and other financial aid forms before applicable deadlines.

A central feature of the law is its cost cap structure, which is tied to the University of Illinois Urbana-Champaign. Attorney Bender points out that Section 513 does not impose one single total-cost limit but instead applies category-specific caps. Tuition and fees are generally capped at the in-state UIUC amount for the same academic year, while housing is capped at the cost of a double-occupancy residence hall room with a standard meal plan, absent good cause. For the 2025-2026 year, UIUC estimates Illinois resident tuition and fees at $18,046 to $23,426, with additional amounts for food, housing, books, and other expenses.

"When a child attends a private university costing far more than a state school, the tuition and housing portions are still generally capped at the University of Illinois figures unless the parties agreed otherwise or the court finds good cause," Bender says. He adds that parents in high-net-worth divorces frequently agree in a marital settlement agreement to exceed these caps, and such agreements can be enforced by court order regardless of the UIUC ceiling.

Courts do not automatically divide college costs evenly between parents. Bender explains that judges weigh several factors, including each party's financial resources, the child's own resources such as scholarships, grants, and 529 accounts, and the standard of living the child would have enjoyed had the marriage remained intact. In cases involving substantial assets, courts may scrutinize investment portfolios, trust funds, and existing college savings provisions, resulting in a proportional allocation rather than a fixed 50/50 split.

The law also establishes firm boundaries on eligibility. Bender observes that all educational expenses must be incurred no later than the child's 23rd birthday, and the obligation ends upon completion of a bachelor's degree, whichever comes first. A court may extend the deadline to the child's 25th birthday only for good cause shown. Continued eligibility can also depend on academic performance, as courts routinely condition contribution orders on the child maintaining satisfactory progress, typically a C average or better. A parent may petition to suspend or terminate payments if a child falls below that threshold, stops attending, or is academically dismissed.

A Section 513 petition is filed in the same court that entered the divorce judgment, which in Cook County means the Domestic Relations Division of the Circuit Court. Bender advises that petitions filed before a child enrolls allow a contribution order to be established in advance, so both parents understand their obligations before tuition bills arrive. Even when a divorce settlement is silent on college costs, either parent may still petition, though the obligation applies only to expenses incurred after the petition is filed rather than retroactively.

For families facing questions about college contribution obligations after divorce, consulting an experienced Illinois family law attorney may help clarify rights, limits, and available options under Section 513.

About Caesar & Bender, LLP:

Caesar & Bender, LLP is a Chicago-based family law firm handling complex divorce and post-decree financial disputes, including Section 513 college contribution proceedings for high-asset families. Co-founding partners Michael Ian Bender, a former Domestic Relations Judge for the Circuit Court of Cook County, and Molly E. Caesar bring decades of combined experience representing clients at the trial, appellate, and Illinois Supreme Court levels. The firm serves families across Cook, DuPage, and Lake counties from its office at 150 North Michigan Avenue. For consultations, call (312) 236-1500.

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