Illinois General Assembly - Full Text of Public Act 095-0954
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Public Act 095-0954




Public Act 095-0954
SB2044 Enrolled LRB095 16336 AJO 42360 b

    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
    (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
        (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 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
        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.
(Source: P.A. 91-204, eff. 1-1-00; 92-876, eff. 6-1-03.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/29/2008