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Public Act 095-0954
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| SB2044 Enrolled |
LRB095 16336 AJO 42360 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Marriage and Dissolution of |
Marriage Act is amended by changing Section 513 as follows:
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(750 ILCS 5/513) (from Ch. 40, par. 513)
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Sec. 513. Support for Non-minor Children and Educational |
Expenses.
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(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:
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(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.
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(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
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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 |
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provision for educational expenses extends not only to
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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
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institution, directly or through a special account or trust |
created for
that purpose, as the court sees fit.
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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 |
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orders entered under this paragraph (2) on or after the |
effective date of this amendatory Act of the 95th General |
Assembly.
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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.
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(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:
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(1) The financial resources of both parents.
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(2) The standard of living the child would have enjoyed |
had the marriage
not been dissolved.
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(3) The financial resources of the child.
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(4) The child's academic performance.
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(Source: P.A. 91-204, eff. 1-1-00; 92-876, eff. 6-1-03.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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