The parents were divorced.  Their divorce decree said they would pay for their son’s college education.  If they could afford to. And, if their son showed the desire and ability to continue his education.

Son graduated from high school.  He was charged and convicted of two felonies.  He went to prison for three years.

Father filed a petition. He wanted to stop the parent’s obligation to pay for college for their son. Father argued that the son was emancipated by being in jail. This should stop their obligation to pay.

The trial court did stop the obligation to pay. It said parents did not have to pay for son’s college. Mother appealed. Mother felt that they should be putting their son through college.

The Appellate Court did not agree that son was emancipated because of jail.

The Trial Court had also responded to Mother’s request. It had denied her petition to enforce the college payment.  The hearing took place when son was 23 years old.

The Court said that son was now emancipated. He was capable of supporting himself.  He did not have a real desire and ability to further his post high school education.

The son lived with Mother. He was married and had a son of his own. But, evidence showed that son was not dependent upon his mother. Not for his support.

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Buffalo Grove Law Offices