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Date: 08-16-2024
Case Style:
In re the Marriage of Bernardo Garcia v. Maria M. Garcia, n/k/a
Maria Morales
Case Number: 09D348
Judge: Mary S. Trew
Court: Circuit Court, Cook County, Illinois
Plaintiff's Attorney:
Defendant's Attorney:
Description:
Chicago, Illinois family law divorce lawyers represented Petitioner and Respondent in a dissolution action.
After two children and seven years of marriage, Garcia and Morales divorced in 2009. He was 32, she was 29, and their daughters were five and two. The dissolution judgment incorporated Garcia and Morales's marital settlement agreement, providing in relevant part as follows:
"[I]n consideration of the mutual promises and other good and valuable contribution, hereby acknowledged, the parties hereby freely and voluntarily agree as follows:
* * *
5.6 COLLEGE EDUCATION EXPENSES:
A) The parties shall contribute [emphasis added] towards the education of the child for college for the costs of tuition, supplies, books, registration and other required fees, board and room and other charges. The contribution of each parent shall be based upon each parent's financial ability at the time the expenses are incurred, as well as the child's financial resources as equity requires[;]
B) The decisions affecting the education of the children, including the choice of college shall be made by the parties jointly [emphasis added], and the parties shall consider the expressed preference of the cost of education, the parent's financial means and other reasonable criteria. Neither party shall unreasonably withhold his or her consent to the expressed preference of the child;
C) In the event a child shall be eligible for scholarships, grants, G.I. Bill of Rights (Veteran's Benefits) or the like, the same shall be used by the child before the HUSBAND or WIFE is called upon to pay or contribute to or make up the difference for said education;
D) The obligation to pay for college will be limited to an undergraduate school, which must be completed within five years after the child graduates from high school;
E) The child must carry a sufficient number of courses or units to be considered by the school attended to be a full time student, and must maintain a passing average as prescribed by the school, and;
F) Nothing in this Article is intended to prohibit or discourage either party from voluntarily paying for more schooling."
¶ 4 Twelve years later, on March 11, 2022, Morales filed a "Petition for Contribution to College and Living Expenses for the Parties' Dependent Child and Other Relief." She alleged that their oldest daughter would be graduating from high school in June of that year and intended to begin college in the fall at DePaul University's School of Nursing. One of the attached exhibits was a financial aid document indicating that the school was committing $104,400 to the daughter's four-year degree. DePaul specified that her first year in the nursing school program would cost $59,133. She did not qualify for any need-based grants or scholarships (Pell, Illinois MAP, or SEOG), but was offered $26,100 in DePaul scholarships and grants and could personally take $5500 in student loans. This would leave only $27,533 uncovered, which was less than half of her freshman year expenses. The school anticipated a $28,400 federal Parent PLUS Loan. Morales asked the court to allocate the unmet college expenses between the two parents.
In re The Marriage of Garcia, 2024 IL App (1st) 230957U, 1-23-0957, 1-23-1288 (Ill. App. Aug 16, 2024)
Outcome: Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: