College Expenses--Don't wait to file a Petition

In re the Marriage of Petersen, No. 1108984, 2011 WL 4391130 (Ill. Sep. 22, 2011), holds that a divorced party, whose divorce decree reserves the issue of college expenses and who wishes to later petition a court to force their ex-spouse to contribute to said expenses, cannot obtain contributions for expenses that predate the petition.

In a recent case decided by the Illinois Supreme Court, the court decided that a wife’s Petition for contribution to college expenses could not operate retroactively, but said college expenses would only be awarded for current bills and invoices.

From the ISBA:

Overall, Petersen nonetheless provides a cautionary reminder for thousands of divorced individuals in Illinois. Namely, spouses who possess divorce decrees that reserve college expenses for further determination, yet eventually desire to obtain a contribution to these expenses from their ex-spouse, must be sure to petition the court for said contribution at the earliest possible time to ensure they are not precluded from receiving contributions for expenses that predate the petition. Notably, Petersen does not expressly explain when an expense will be deemed to have predated a petition. Is the date upon which the expense is incurred instructive? The invoice due date? The actual date of payment? Absent express guidance from the court, family law practitioners should err on the side of caution and advise their clients to file their petitions for college contributions as soon as practicable. Otherwise, the client could end up footing the bill for thousands of dollars that may otherwise be subject to contribution from their ex-spouse.

For further info, see:http://www.isba.org/sections/familylaw/newsletter/2011/11/collegeexpensecontributionsbydivorc