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| [ House Amendment 001 ] |
92_HB4977
LRB9214082DJgc
1 AN ACT in relation to family law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Marriage and Dissolution of
5 Marriage Act is amended by changing Section 513 as follows:
6 (750 ILCS 5/513) (from Ch. 40, par. 513)
7 Sec. 513. Support for Non-minor Children and Educational
8 Expenses.
9 (a) The court may award sums of money out of the
10 property and income of either or both parties or the estate
11 of a deceased parent, as equity may require, for the support
12 of the child or children of the parties who have attained
13 majority in the following instances:
14 (1) When the child is mentally or physically
15 disabled and not otherwise emancipated, an application
16 for support may be made before or after the child has
17 attained majority.
18 (2) The court may also make provision for the
19 educational expenses of the child or children of the
20 parties, whether of minor or majority age, and an
21 application for educational expenses may be made before
22 or after the child has attained majority, or after the
23 death of either parent. The authority under this Section
24 to make provision for educational expenses extends not
25 only to periods of college education or professional or
26 other training after graduation from high school, but
27 also to any period during which the child of the parties
28 is still attending high school, even though he or she
29 attained the age of 18. The educational expenses may
30 include, but shall not be limited to, room, board, dues,
31 tuition, transportation, books, fees, registration and
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1 application costs, medical expenses including medical
2 insurance, dental expenses, and living expenses during
3 the school year and periods of recess, which sums may be
4 ordered payable to the child, to either parent, or to the
5 educational institution, directly or through a special
6 account or trust created for that purpose, as the court
7 sees fit.
8 If educational expenses are ordered payable, each
9 parent and the child shall sign any consents necessary
10 for the educational institution to provide the supporting
11 parent with access to the child's academic transcripts,
12 records, and grade reports. The consents shall not apply
13 to any non-academic records. Failure to execute the
14 required consent may be a basis for a modification or
15 termination of any order entered under this Section.
16 The authority under this Section to make provision
17 for educational expenses, except where the child is
18 mentally or physically disabled and not otherwise
19 emancipated, terminates when the child receives a
20 baccalaureate degree.
21 (b) In making awards under paragraph (1) or (2) of
22 subsection (a), or pursuant to a petition or motion to
23 decrease, modify, or terminate any such award, the court
24 shall consider all relevant factors that appear reasonable
25 and necessary, including:
26 (1) The financial resources of both parents.
27 (2) The standard of living the child would have
28 enjoyed had the marriage not been dissolved.
29 (3) The financial resources of the child.
30 (4) The child's academic performance.
31 (c) Notwithstanding any other provision of this Section,
32 unless the parties agree to a higher amount, in making an
33 award under paragraph (2) of subsection (a), the court may
34 not award an amount greater than the total cost of tuition
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1 and fees and room and board at the Champaign-Urbana campus of
2 the University of Illinois for a comparable period of time
3 and a comparable course of instruction.
4 (Source: P.A. 91-204, eff. 1-1-00.)