Public Act 095-0954
 		





SB2044 Enrolled
LRB095 16336 AJO 42360 b






    AN ACT concerning civil law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Illinois Marriage and Dissolution of 
Marriage Act is amended  by changing Section 513 as follows:
 



    (750 ILCS 5/513)  (from Ch. 40, par. 513)



    Sec. 513. Support for Non-minor Children and Educational 
Expenses. 


    (a) The court may award sums of money out of the property 
and income of
either or both parties or the estate of a 
deceased parent, as equity may
require, for the support of the 
child or children of the parties who have
attained majority in 
the following instances:


        (1) When the child is mentally or physically disabled 
    and not otherwise
emancipated, an application for support 
    may be made before or after the child
has attained 
    majority.


        (2) The court may also make provision for the 
    educational expenses of the
child or children of the 
    parties, whether of minor or majority age, and an

    application for educational expenses may be made before or 
    after the child has
attained majority, or after the death 
    of either parent. The authority under
this Section to make 
    provision for educational expenses extends not only to

    periods of college education or professional or other 
    training after graduation
from high school, but also to any 
    period during which the child of the parties
is still 
    attending high school, even though he or she attained the 
    age of
19.
The educational expenses may include, but shall 
    not be limited to, room, board,
dues, tuition, 
    transportation, books, fees, registration and application 
    costs,
medical expenses including medical insurance, 
    dental expenses, and living
expenses during the school year 
    and periods of recess, which sums may be
ordered payable to 
    the child, to either parent, or to the educational

    institution, directly or through a special account or trust 
    created for
that purpose, as the court sees fit.


        If educational expenses are ordered payable, each 
    parent and the child
shall
sign any consents necessary for 
    the educational institution to provide the
supporting 
    parent with access to the child's academic transcripts, 
    records, and
grade reports.  The consents shall not apply to 
    any non-academic records.
Failure to execute the required 
    consent may be a basis for a modification or
termination of 
    any order entered under this Section. Unless the court 
    specifically finds that the child's safety would be 
    jeopardized, each parent is  entitled to know the name of 
    the educational institution the child attends. This 
    amendatory Act of the 95th General Assembly applies to all 
    orders entered under this paragraph (2) on or after the  
    effective date of this amendatory Act of the 95th General 
    Assembly. 


        The authority under this Section to make provision for 
    educational
expenses, except where the child is mentally or 
    physically disabled and not
otherwise emancipated, 
    terminates when the child receives
a baccalaureate degree.

    (b) In making awards under paragraph (1) or (2) of 
subsection (a), or
pursuant to a petition or motion to 
decrease, modify, or terminate any such
award, the court shall 
consider all relevant factors that appear reasonable
and 
necessary, including:


        (1) The financial resources of both parents.


        (2) The standard of living the child would have enjoyed 
    had the marriage
not been dissolved.


        (3) The financial resources of the child.


        (4) The child's academic performance.

(Source: P.A. 91-204, eff. 1-1-00; 92-876, eff. 6-1-03.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.