97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5614

 

Introduced 2/15/2012, by Rep. Jim Sacia

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 5/513  from Ch. 40, par. 513

    Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that, if the child resides with a parent while attending college or an educational institution providing professional or vocational training, educational expenses include various expenses during periods of recess. Provides that, in the case of any award ordered by a court relative to postsecondary college, professional, or vocational training, the total amount awarded for undergraduate college education expenses may not exceed costs of attending a State university and expenses awarded for professional or vocational training programs may not exceed the cost of attending an institution in the State that provides comparable professional or vocational training sought by the child, the child must timely apply to all schools reasonably requested by both parents, the child must apply for loans, grants, or any other form of financial assistance for which the child is potentially eligible or qualified, and the duration of awards for educational expenses shall not exceed 4 years, or such lesser period established by a professional or vocational school for completion of the program in which the child has enrolled. Provides that in no event shall any third-party beneficiary rights arise with respect to awards for support or educational expenses.


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A BILL FOR

 

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1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Marriage and Dissolution of
5Marriage 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
8Expenses.
9    (a) The court may award sums of money out of the property
10and income of either or both parties or the estate of a
11deceased parent, as equity may require, for the support of the
12child or children of the parties who have attained majority in
13the following instances:
14        (1) When the child is mentally or physically disabled
15    and not otherwise emancipated, an application for support
16    may be made before or after the child has attained
17    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 or
22    after the child has attained majority, or after the death
23    of either parent. The authority under this Section to make

 

 

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1    provision for educational expenses extends not only to
2    periods of college education or professional or other
3    training after graduation from high school, but also to any
4    period during which the child of the parties is still
5    attending high school, even though he or she attained the
6    age of 19. The educational expenses may include, but shall
7    not be limited to, room, board, dues, tuition,
8    transportation, books, fees, registration and application
9    costs, medical expenses including medical insurance,
10    dental expenses, and living expenses during the school year
11    and, if the child resides with a parent while attending
12    college or an educational institution providing
13    professional or vocational training, during periods of
14    recess, which sums may be ordered payable to the child, to
15    either parent, or to the educational institution, directly
16    or through a special account or trust created for that
17    purpose, as the court sees fit.
18        If educational expenses are ordered payable, each
19    parent and the child shall sign any consents necessary for
20    the educational institution to provide the supporting
21    parent with access to the child's academic transcripts,
22    records, and grade reports. The consents shall not apply to
23    any non-academic records. Failure to execute the required
24    consent may be a basis for a modification or termination of
25    any order entered under this Section. Unless the court
26    specifically finds that the child's safety would be

 

 

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1    jeopardized, each parent is entitled to know the name of
2    the educational institution the child attends. This
3    amendatory Act of the 95th General Assembly applies to all
4    orders entered under this paragraph (2) on or after the
5    effective date of this amendatory Act of the 95th General
6    Assembly.
7        The authority under this Section to make provision for
8    educational expenses, except where the child is mentally or
9    physically disabled and not otherwise emancipated,
10    terminates when the child receives a baccalaureate degree.
11    (b) In making awards under paragraph (1) or (2) of
12subsection (a), or pursuant to a petition or motion to
13decrease, modify, or terminate any such award, the court shall
14consider all relevant factors that appear reasonable and
15necessary, including:
16        (1) The financial resources of both parents.
17        (2) The standard of living the child would have enjoyed
18    had the marriage not been dissolved.
19        (3) The financial resources of the child.
20        (4) The child's academic performance.
21    (c) The following provisions apply to any award ordered by
22a court under paragraph (2) of subsection (a) of this Section
23relative to postsecondary college, professional, or vocational
24training:
25        (1) the total amount awarded for undergraduate college
26    education expenses may not exceed costs of attending a

 

 

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1    State university according to the budget in effect when the
2    matter comes before the court; expenses awarded for
3    professional or vocational training programs may not
4    exceed the cost of attending an institution in the State
5    that provides comparable professional or vocational
6    training sought by the child;
7        (2) the child must timely apply to all schools
8    reasonably requested by both parents;
9        (3) the child must apply for loans, grants, or any
10    other form of financial assistance for which the child is
11    potentially eligible or qualified; and
12        (4) absent a compelling reason, and the agreement of
13    both parents, the duration of awards for educational
14    expenses shall not exceed 4 years or such lesser period
15    established by a professional or vocational school for
16    completion of the program in which the child has enrolled.
17    (d) In no event shall any third-party beneficiary rights
18arise with respect to awards for support or educational
19expenses pursuant to the provisions of this Section.
20(Source: P.A. 95-954, eff. 8-29-08.)