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91_SB0576enr
SB576 Enrolled LRB9100067SMdvA
1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Section 513.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Section 513 as follows:
7 (750 ILCS 5/513) (from Ch. 40, par. 513)
8 Sec. 513. Support for Non-minor Children and Educational
9 Expenses.
10 (a) The court may award sums of money out of the
11 property and income of either or both parties or the estate
12 of a deceased parent, as equity may require, for the support
13 of the child or children of the parties who have attained
14 majority in the following instances:
15 (1) When the child is mentally or physically
16 disabled and not otherwise emancipated, an application
17 for support may be made before or after the child has
18 attained majority.
19 (2) The court may also make provision for the
20 educational expenses of the child or children of the
21 parties, whether of minor or majority age, and an
22 application for educational expenses may be made before
23 or after the child has attained majority, or after the
24 death of either parent. The authority under this Section
25 to make provision for educational expenses extends not
26 only to periods of college education or professional or
27 other training after graduation from high school, but
28 also to any period during which the child of the parties
29 is still attending high school, even though he or she
30 attained the age of 18. The educational expenses may
31 include, but shall not be limited to, room, board, dues,
SB576 Enrolled -2- LRB9100067SMdvA
1 tuition, transportation, books, fees, registration and
2 application costs, medical expenses including medical
3 insurance, dental expenses, and living expenses during
4 the school year and periods of recess, which sums may be
5 ordered payable to the child, to either parent, or to the
6 educational institution, directly or through a special
7 account or trust created for that purpose, as the court
8 sees fit.
9 If educational expenses are ordered payable, each
10 parent and the child shall sign any consents necessary
11 for the educational institution to provide the supporting
12 parent with access to the child's academic transcripts,
13 records, and grade reports. The consents shall not apply
14 to any non-academic records. Failure to execute the
15 required consent may be a basis for a modification or
16 termination of any order entered under this Section.
17 The authority under this Section to make provision
18 for educational expenses, except where the child is
19 mentally or physically disabled and not otherwise
20 emancipated, terminates when the child receives a
21 baccalaureate degree.
22 (b) In making awards under paragraph (1) or (2) of
23 subsection (a), or pursuant to a petition or motion to
24 decrease, modify, or terminate any such award, the court
25 shall consider all relevant factors that appear reasonable
26 and necessary, including:
27 (1) The financial resources of both parents.
28 (2) The standard of living the child would have
29 enjoyed had the marriage not been dissolved.
30 (3) The financial resources of the child.
31 (4) The child's academic performance.
32 (Source: P.A. 86-637; 87-910.)
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