College Breaks – Are You Really Free from Your Support Obligation?

Many noncustodial divorced parents have extra reason to celebrate when their children finally grow up. A child, who reaches the "age of majority" (typically age 18 or age 19), legally becomes an adult, marking the end of monthly child support. Parents of adult children are finally free from their support obligations -- or are they?

One of the biggest challenges facing my post-divorce clients is paying for expenses when their children, who attend college, return home for Winter Break, Spring Break and Summer Break. As a divorced resident of Illinois with college-aged children, you can read online the Illinois divorce law section 750 ILCS 5/513 (from Ch. 40, par. 513) regarding the educational expenses for a non-minor child. “The court may award sums of money out of the property and income of either or both parties … for the educational expenses of any child of the parties … Education expenses may include … the reasonable living expenses of the child during the academic year and periods of recess.” Yet, expenses incurred during periods of recess are rarely addressed or clearly spelled out in divorce settlements. Usually, these expenses land once again on the custodial parent.

In some states, these expenses are addressed through a post-secondary education worksheet which includes a determination of child support while the student is at home.

So, when your child comes home during college break, should there be an agreement between parents to continue share in their living expenses during the college periods of recess?

 What are your thoughts?