State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]

91_SB0576eng

 
SB576 Engrossed                               LRB9100067SMdvA

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

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Illinois  Marriage  and Dissolution of
 6    Marriage Act is amended by changing Section 513 as follows:

 7        (750 ILCS 5/513) (from Ch. 40, par. 513)
 8        Sec. 513. Support for Non-minor Children and  Educational
 9    Expenses.
10        (a)  The  court  may  award  sums  of  money  out  of the
11    property and income of either or both parties or  the  estate
12    of  a deceased parent, as equity may require, for the support
13    of the child or children of the  parties  who  have  attained
14    majority in the following instances:
15             (1)  When   the  child  is  mentally  or  physically
16        disabled and not otherwise  emancipated,  an  application
17        for  support  may  be  made before or after the child has
18        attained majority.
19             (2)  The court  may  also  make  provision  for  the
20        educational  expenses  of  the  child  or children of the
21        parties,  whether  of  minor  or  majority  age,  and  an
22        application for educational expenses may be  made  before
23        or  after  the  child has attained majority, or after the
24        death of either parent. The authority under this  Section
25        to  make  provision  for educational expenses extends not
26        only to periods of college education or  professional  or
27        other  training  after  graduation  from high school, but
28        also to any period during which the child of the  parties
29        is  still  attending  high  school, even though he or she
30        attained the age of  18.  The  educational  expenses  may
31        include,  but shall not be limited to, room, board, dues,
 
SB576 Engrossed             -2-               LRB9100067SMdvA
 1        tuition, transportation, books,  fees,  registration  and
 2        application  costs,  medical  expenses  including medical
 3        insurance, dental expenses, and  living  expenses  during
 4        the  school year and periods of recess, which sums may be
 5        ordered payable to the child, to either parent, or to the
 6        educational institution, directly or  through  a  special
 7        account  or  trust created for that purpose, as the court
 8        sees fit.
 9             If educational expenses are  ordered  payable,  each
10        parent  and  the  child shall sign any consents necessary
11        for the educational institution to provide the supporting
12        parent with access to the child's  academic  transcripts,
13        records, and grade reports.  The consents shall not apply
14        to  any  non-academic  records.    Failure to execute the
15        required consent may be a basis  for  a  modification  or
16        termination of any order entered under this Section.
17             The  authority  under this Section to make provision
18        for educational  expenses,  except  where  the  child  is
19        mentally   or   physically  disabled  and  not  otherwise
20        emancipated,  terminates  when  the  child   receives   a
21        baccalaureate degree.
22        (b)  In  making  awards  under  paragraph  (1)  or (2) of
23    subsection (a), or  pursuant  to  a  petition  or  motion  to
24    decrease,  modify,  or  terminate  any  such award, the court
25    shall consider all relevant factors  that  appear  reasonable
26    and necessary, including:
27             (1)  The financial resources of both parents.
28             (2)  The  standard  of  living  the child would have
29        enjoyed had the marriage not been dissolved.
30             (3)  The financial resources of the child.
31             (4)  The child's academic performance.
32    (Source: P.A. 86-637; 87-910.)

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