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WHO PAYS FOR COLLEGE WHEN MOM REMARRIES?
Many divorces are settled with the understanding that each parent’s
contribution to the payment of the minor children’s college education
expenses will be determined at the time each child is ready to attend
college. More often than not, trial courts have expressed the opinion
that college education expenses should be based upon the annual cost
for tuition, room, board, books, transportation to and from school,
registration fees, medical expenses and living expenses, using the
average annual costs for a state school, such as the University of
Illinois, Illinois State University, or Northern Illinois University.
The financial contribution to a minor child’s education expenses
by the non-custodial parent has become more complicated when either
mother or father has remarried.
One of the factors a court is required to consider in determining
the financial contribution to college education expenses is the
financial resources available to both parents. When mom or dad remarries,
and files a joint tax return with his or her new spouse, the new
spouse resents being dragged into the dispute, and often times objects
to supplying joint tax returns based upon privacy issues. For years,
the case law in Illinois has favored the proposition that income
from the new spouse is irrelevant for purposes of determining contribution
to college education expenses, and therefore joint tax returns often
times did not have to be produced.
The current case law shows that Illinois courts have begun to
change their interpretation of Illinois law. In a recent case called,
In Re the Marriage of Linda Street and Daniel Street, the Illinois
Appellate Court wrote that, “the traditional rule had been
that the financial assets of the current spouse are not relevant
in making a support determination…; however, there is clearly
a current trend in the case law moving away from the traditional
rule of law on this issue.” The current trend which Illinois
courts have been following more often is that the financial resources
of mom and dad for purposes of determining each parent’s contribution
to the college education expenses of their minor child or children
also requires the court to take into account the income of that
parent’s current spouse. Accordingly, if dad is the noncustodial
parent earning $150,000.00 per year and marries his hew spouse who
is also earning $150,000.00, both incomes are to be considered by
the court when it makes its determination as to how much money dad
should contribute to the college education expenses for his minor
child or children. This new trend in the case law is based upon
the fact that both parties realistically pool their resources with
those of their second spouses, resulting in their assets and liabilities
being substantially intertwined. It is for this reason that the
income of the new spouse is discoverable and reviewable by the court
when determining each parent’s contribution to college education
expenses. A final point which may offer solace to the new spouse
is that the new spouse is not obligated to pay for his step-child’s
education, but to the extent that the new spouse contributes to
the expenses which would otherwise be paid by the parent, the new
spouse’s income and assets are relevant.
In summary, be advised that once a parent with college age children
remarries and seeks contribution to college education expenses,
then the income and assets of her new spouse and her former husband’s
new spouse are relevant in helping the court determine each parent’s
contribution to the children’s college education expenses.
