Back-to-School Considerations in Family Law

As the golden days of summer wind to a close, there is usually one thing on many families’ minds: preparing for the back-to-school rush. If you have a child who is going back-to-school this fall, and you are going through a family law matter in Illinois, there are many factors to consider in moving forward.

If you and your ex you do not yet have a Judgment for Dissolution of Marriage or an Allocation Judgment in place, you may have some loose ends to address when it comes to educational expenses for your child. If you have a child who is going to school, but not yet college aged, you may want to consider asking the court to put in place an order addressing the split of educational expenses for your child. Parties often split educational expenses for a child, in addition to child support, either equally or based on their respective incomes. It is smart to have this type of order in place, as it provides predictability regarding who pays what, and reduces room for conflict while you each support your child in his or her education.

If you are considering putting your child in a new school, be cautious. If you already have a Judgment for Dissolution of Marriage or an Allocation Judgment in place, you should refer to it to see how you and your ex are to make decisions regarding the selection of a new school, and how to handle possible disagreement as to the same. There may be a clause requiring mediation before bringing the matter to court. If you are considering relocating more than 25 miles away with your child to put him or her in a new school, you will also have to provide and file proper notice to your ex. In the event there is a disagreement to this relocation, you will have to file a petition for relocation, to be determined by the court.

If you and your ex have a student who is out of high school, you may want to consider asking the court to put an order in place for what the law refers to “post-high school education expenses.” This can be an order that determines what each parent’s respective contribution should be to post-high school education, and this can include tuition and fees (usually limited to the actual cost of in-state tuition and fees at the University of Illinois), housing, medical expenses, living expenses, books, and necessary supplies.

If you would like more information on this topic, please contact the author, family law attorney Colleen Hurley, at 312-888-4112 or churley@lavellelaw.com.

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