College expenses

[jcinjr]

What is the name of your state (only U.S. law)? Illinois
My two kids and their mother have resided in Florida for the past 11 years. They have recently graduated from high school and my child support has ended. I have received a summons that she is suing me for college expenses. Can she sue me for these expenses? Is Florida law different than Illinois law? How long can she use Illinois law to her advantage? Is there a calculator for these expenses like in our prior child support order?
Thank you.

 

[Antigone*]

What is the name of your state (only U.S. law)? Illinois
My two kids and their mother have resided in Florida for the past 11 years. They have recently graduated from high school and my child support has ended. I have received a summons that she is suing me for college expenses. Can she sue me for these expenses? Is Florida law different than Illinois law? How long can she use Illinois law to her advantage? Is there a calculator for these expenses like in our prior child support order?
Thank you.

How old are the adults and where did the current CO originate?

 

[jcinjr]

college

They kids are 18 & 19yrs. The original co is in Illinois.

 

[Antigone*]

They kids are 18 & 19yrs. The original co is in Illinois.

Your argument and answer would be that Illinois has jurisdiction.

 

[jcinjr]

college

Do you know how long she can use this to her advantage, and while I'm not against contributing to education, I do not want to pay her any longer. Is their guidelines for college expenses? thank you

 

[mistoffolees]

What is the name of your state (only U.S. law)? Illinois
My two kids and their mother have resided in Florida for the past 11 years. They have recently graduated from high school and my child support has ended. I have received a summons that she is suing me for college expenses. Can she sue me for these expenses? Is Florida law different than Illinois law? How long can she use Illinois law to her advantage? Is there a calculator for these expenses like in our prior child support order?
Thank you.

The answer is definitely, absolutely, positively 'maybe'.

Unfortunately, IL is not entirely clear. While the state does allow the court to order a parent to pay college expenses, that would normally have to be in the original order. Now that the kids are adults and CS has ended, it's not so clear that ex can go back and modify the order to include college expenses.

Even if the court DOES order it, it's not clear if it's in the form of continued CS to CP or direct payments to the college or even payments to the child (this is apparently allowed in IL).


http://www.illinoisdivorce.com/family_law_articles/child_support_and_college.php

http://www.ehow.com/list_7217922_illinois-child-support-over-18.html

She can sue for anything. I don't think I'd worry about it until she does, but if she does, see an attorney.

 

[jcinjr]

Can scholorships grants and loans have a part in the possible outcome? Thank you

 

[mistoffolees]

Can scholorships grants and loans have a part in the possible outcome? Thank you

In IL, they expect the child to contribute something via loans or working.

Scholarships should reduce the total cost. Any costs you are expected to pay should be based on the total cost MINUS scholarships or grants.

 

[Antigone*]

If she filed in Florida your answer needs to state that Florida is not the correct jurisdiction for this case to be heard in. That needs to be your argument. If you argue this correctly the case should be dismissed.

She should have filed her request in Ill, where you would argue that it is now too late to change the order since they subjects of the order are now adults.

 

[mistoffolees]

If she filed in Florida your answer needs to state that Florida is not the correct jurisdiction for this case to be heard in. That needs to be your argument. If you argue this correctly the case should be dismissed.

She should have filed her request in Ill, where you would argue that it is now too late to change the order since they subjects of the order are now adults.

Glad you caught that she was filing in FL. I agree 100%.

 

[TheGeekess]

OP: We like to post state specific information on this forum. Don't post about what happens in IL unless the OP of that thread is in IL.