The parties were in the process of getting divorced. Their two adult sons filed a petition so they could personally be involved in the divorce. They wanted to be sure their college expenses would be paid as part of the divorce.
Their parents had not yet finalized anything about educational expenses for the two sons. That had to be done first. Before the sons could enforce their rights in any manner.
They asked for an attorney to be appointed to represent them. If they can’t represent themselves. Statute 513 provides for college expenses.
An attorney can be appointed to represent minor children. If that is necessary for some reason. But the statute does not apply to adult children.
Their mother was capable of adequately representing their interests. Her petition in court said that the sons had substantial funds set aside already. Also, she alleged that the father had financial resources to pay all of the children’s educational expenses. She requested that the father pay such expenses without contribution from the children.
The children were third-party beneficiaries. They were direct beneficiaries. The divorce settlement will be considered a contract when it is done.
They could enforce the obligations for their benefit from that contract. That would be a breach of contract action.
Father may argue that he does not have a good relationship with his children. He may argue that this should get him off the hook to pay educational expenses. But a parent’s obligation is not conditioned that way. It does not require a continued good relationship between parent and child.
IRMO VONDRA, 2013 IL App (1st) 123025.
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