In re Marriage of PetersenAnnotate this Case
Th 1999 dissolution of marriage reserved the issue of contribution to college expenses for the couple's three children. In 2007 wife petitioned for contribution. Two children had attended Cornell, Wake Forest, and University of Texas; the youngest had been accepted at California Polytechnic. The court determined that husband's share was 75 percent and that he owed $227,260 for past expenses and $46,290 for the coming year. The appellate court held that the court could not order payment of expenses incurred prior to the filing of the petition. The Illinois Supreme Court reversed. The determination amounted to a modification of the original support determination (750 ILCS 5/510(a)). Under the statute, a retroactive modification is limited to only those installments that date back to the filing date of the petition for modification. The court noted, that in making an equitable allocation of expenses after the petition, the court can consider how pre-petition expenses depleted wife's resources.