State of Illinois
91^st General Assembly
Public Acts

Public Act 91-0204

SB576 Enrolled                                LRB9100067SMdvA

    AN ACT to amend the Illinois Marriage and Dissolution  of
Marriage Act by changing Section 513.

    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  18.  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.
         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. 86-637; 87-910.)