college funding and NCP

[luckymom]

What is the name of your state (only U.S. law)? IL

I live in IL which has provisions to require NCPs to contribute to college costs. I know many people object to this, but it is the law in my state. DD has been accepted ED to an ivy league school. Her college tuition (40000+ for 4 years) is covered. We are extremely fortunate to have this, but there is still room and board, books, etc., which the school says should be about 15K per year. My expectation is the DD will work summers and part time during the academic year after freshman year. I've asked ex to pay 50% of the costs no covered by her scholarship, which should be less than his current support. He has refused on the grounds that he co-signed for substantial student loans for his two stepkids, who, I am told, have student loan debt in excess of 100,000 each (which is absolutely crazy, in my opinion).

Is it worth attempting to get some support from him by going to court? I've paid the cost of DDs private school tuition on my own (the total amount comes to well over 120,000) at this point, which I think has contributed to her academic success and I have a college fund for her (15,000 from my parents), but I think he should do something.

 

[Ohiogal]

What is the name of your state (only U.S. law)? IL

I live in IL which has provisions to require NCPs to contribute to college costs. I know many people object to this, but it is the law in my state. DD has been accepted ED to an ivy league school. Her college tuition (40000+ for 4 years) is covered. We are extremely fortunate to have this, but there is still room and board, books, etc., which the school says should be about 15K per year. My expectation is the DD will work summers and part time during the academic year after freshman year. I've asked ex to pay 50% of the costs no covered by her scholarship, which should be less than his current support. He has refused on the grounds that he co-signed for substantial student loans for his two stepkids, who, I am told, have student loan debt in excess of 100,000 each (which is absolutely crazy, in my opinion).

Is it worth attempting to get some support from him by going to court? I've paid the cost of DDs private school tuition on my own (the total amount comes to well over 120,000) at this point, which I think has contributed to her academic success and I have a college fund for her (15,000 from my parents), but I think he should do something.

The only way he has to pay ANYTHING is if the court order states that he has to contribute anything. Why should your ex pay 50% of the costs not covered if your daughter will be working to cover part of her expenses? Also while you think that his responsibility for the stepchildren matters not IL law appears to disagree with you.
See http://www.illinoisdivorce.com/family_law_articles/child_support_and_college.php
In part it states:

Unlike child support, the parents' contribution to college expenses is not dictated by a formula or guideline spelled out in the law – it is left to the discretion of the judge.8 The court must consider many factors – including the income and assets of both parents9 and the financial resources available to the child,10 as well as the child's academic performance (good grades tend to get more money, poor grades tend to get less)11 and the standard of living the child would have enjoyed had the parents not divorced.12 The court may even consider the income of a second spouse and the expenses of a second family13 as well as the payment or receipt of maintenance (alimony) in making its determination.14 There is no requirement that judges are restricted to a financial limit equal to the expenses of a state university education. There also is no specific restriction on the type of school that the child may attend. The law covers a "college education or professional or other training,"15 and that has been held to include trade schools.16 Some courses of training, however, won't qualify in all circumstances: DeVry Institute of Technology qualified in one case as "an education at the college or university level,"17 but the "Automotive and Diesel College" did not qualify as part of the "college and professional education expenses of the children."18 The duration of the education is limited, but only in the most broad sense.19

If your child is admitted to an Ivy League university, you won't necessarily have to pay Ivy League prices. Illinois courts tend to prefer State schools over private schools if the programs are similar.20 Some Judges apply an absolute threshold test: no parent will be expected to pay more than a certain amount minus grants.21 Courts have also held that a parent need not pay for private school if the child has been accepted at a public school and the financial means are insufficient to reasonably afford the private school.22 A parent should not be ordered to pay more for college than he or she can afford.23 For more affluent parents that can afford private schools, however, a college education at a private school may be mandated by the court.24

The fact that YOU have been able to cover private school for your daughter on your own may mean that you would pay a greater portion of college costs than dad as you can have shown you can afford $120k in expenses. That doesn't mean he won't be ordered to pay anything but it may not live up to your expectations. Take him back to court but realize you may be ordered to pay more than he is or he may not be ordered to pay anything at all. Also realize this (from the same site)

The law does not give kids a free ride. In some cases, be expected to apply for financial aid and take other steps to help keep costs down.25 Indeed, one court has said "the children themselves have an obligation to lessen their parent's financial burden" by attending less costly state universities.26 There is no requirement that the child have or maintain a good relationship with either parent.27 On the other hand, a child's relationship (or lack thereof) with the parents is a factor that courts have considered in some cases.28

One problem arises in most college expense cases: the tuition bills come in and must be paid whether the parents agree or not. Illinois' child support laws, however, say that a parent cannot sue for retroactive child support. That means that if one parent pays tuition and fees as they come due, the law may prevent them from being able to recover later a reimbursement from the other parent. The law seems to require parents to go to court and allocate the burden of college educational expenses BEFORE the costs are incurred. This can be a useful defense in some instances. There is, however, another way to present tuition and other payments to the court after-the-fact and still recover a reimbursement – even retroactively.29 Be sure to talk with a knowledgeable attorney to learn your options.

So is your daughter going to get any student loans for herself? If your parents have a college fund for her, do you count that as YOUR contribution? The court might not.

 

[nextwife]

From an underwriting perspective, he may not be able to get approved for any more debt, depending upon his income, if he already has signed loans making him co-debtor for over $100k. He simply may not qualify for additional debt.

 

[CJane]

If it were me, and my child had secured entry into an Ivy League school, with her tuition paid for, and my state allowed for mandated parental responsibility for college expenses, I'd file for it.

Your worst case scenario is that you're denied the order. There's no 'loss' on this one.

 

[stealth2]

I agree with CJane - the worst that can happen is you're told no.

Which reminds me - I have a similar stick I need to get rolling.