State of Illinois
90th General Assembly
Legislation

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90_SB1058

      750 ILCS 5/513            from Ch. 40, par. 513
          Amends  provisions   of   the   Illinois   Marriage   and
      Dissolution of Marriage Act.  Makes a technical and stylistic
      change  in  a section relating to the court ordered provision
      of college and training expenses for non-minor children.
                                                     SRS90S0034PWch
                                               SRS90S0034PWch
 1        AN ACT concerning 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 a 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
                            -2-                SRS90S0034PWch
 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        (b)  In making awards  under  paragraph  (1)  or  (2)  of
 9    subsection (a), the court shall consider all relevant factors
10    that appear reasonable and necessary, including:
11             (1)  The financial resources of both parents.
12             (2)  The  standard  of  living  the child would have
13        enjoyed had the marriage not been dissolved.
14             (3)  The financial resources of the child.
15    (Source: P.A. 86-637; 87-910.)

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