HB5614 97TH GENERAL ASSEMBLY

LRB097 19308 AJO 64557 b

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.

A BILL FOR

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, if the child resides with a parent while attending college or an educational institution providing professional or vocational training, during 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.

(c) The following provisions apply to any award ordered by a court under paragraph (2) of subsection (a) of this Section relative to postsecondary college, professional, or vocational training:

(1) the total amount awarded for undergraduate college education expenses may not exceed costs of attending a State university according to the budget in effect when the matter comes before the court; 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;

(2) the child must timely apply to all schools reasonably requested by both parents;

(3) the child must apply for loans, grants, or any other form of financial assistance for which the child is potentially eligible or qualified; and

(4) absent a compelling reason, and the agreement of both parents, 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.

(d) In no event shall any third-party beneficiary rights arise with respect to awards for support or educational expenses pursuant to the provisions of this Section.

(Source: P.A. 95-954, eff. 8-29-08.)