DuPage County Judge Strikes Down College Expense Law

Last month, a judge in DuPage County vacated a support order based on a 40-year-old Illinois law. The law allows judges to order divorced parents—but not parents who are still married—to contribute to their children’s college (or other post-secondary education) expenses even after the age of 18. While the judge’s recent ruling is not precedential, it has set the stage for serious change in the state. The Case in Question The circumstances that led to the ruling could describe those in any number of Illinois families. The student in question was a young woman who spent many years interested in marine biology. Her divorced parents supported her interest, and her father financed several dive excursions for her in exotic locations. Her father was so supportive that he even offered to pay for her full college education if she chose one of two specific schools offering a course of study in marine biology—one in Hawaii and the other in California. …

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