Janet argued that because the college contribution issue had been reserved, it had never been ruled on and she could go back in time and get reimbursement for the costs of the eldest son's four years of college and the middle son's first two years -- all of which had occurred PRIOR to Janet's filing. The Illinois Supreme Court resolved the controversy saying:. Illinois decisional law has since consistently regarded the actions taken pursuant to reservations clauses to be modifications under section subject to the prohibition of retroactive support. So, according to the Supremes:.
The Incredible Shrinking Limitations Period
The MSA provided that "[e]ach of the parties shall contribute to the trade school or college and professional school education expenses of their child in accordance with section The trial court concluded that the language in the MSA amounted to a "reservation" and the child appealed. James held up Petersen and said "you can't get retroactive relief; you waited too long. The appellate court said:. Here, unlike in Petersen , the parties' settlement agreement.
She sought retroactive applicaiton of the language in the MSA.
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Joe held up Petersen as his shield. The language of the agreement.
Bill Text: IL HB2582 | 2011-2012 | 97th General Assembly | Chaptered
The language of the agreement is thus similarly distinguishable from the express judicial reservation of the issue of the parties' obligaiton presented in Petersen. In short, the parties entered into a settlment agreement obligating them to pay for a trade school, vocational school, college or university education for their children, with the extent of the parties' obligation to be based upon their then respective financial conditions.
As an aside, I'm not sure how Joyce Donnelly was able to go back so far in time. She complained about 15 years of educational expenses. Pre-Decree Expenses? That law speaks in terms of "children," not "minor children. Edgar and Beatrice Bennet were divorcing. Karen attended Berklee College of Music , in Boston. Beatrice refused to release any of the trust money, so Edgar had to write checks to cover Karen's tuition and expenses. Edgar could have just called this marital debt and probably gotten away with it that way, but instead he argued for "reimbursement.
Beatrice held up the "no-retroactive-relief-beyond-the-date-of-filing" defense. The court made short shrift of Beatrice's argument:. Beatrice argues that, since a trial court has no authority to retroactively modify a child support order citation omitted there is no authority for a court to impose a support reimbursement order retroactively for funds expended before the case was filed. The appellate court has considered reimbursement for the educational costs expended after an order of dissolution, and the concept was not rejected, See, Singer v.
Singer , 70 Ill. Furthermore, a child's educational expenses are chargeable to both parents under Section 15 a 1 of the Rights of Married Persons Act. Under the Expense Statute, creditors may sue parents jointly or separately for family and education expenses. Thus, Beatrice could have been held liable for all or any portion of Karen's expenses before or after the petition for dissolution was filed. See , Proctor Hospital v. Taylor , Ill. We decline to hold that a trial court abuses its discretion in granting reimbursement for the educational expenses paid before the filing of a petition for dissolution and find no error here.
In re: Marriage of Bennett , , Ill. That means college contribution obligations are always modifiable to serve the best interests of the child.
Deposit Refund Law
Most Judgments and MSAs speak only vaguely of the "contribution to college expenses" requirement. All judges and most parents prefer to take a wait-and-see approach to college expenses. After all, what if the child doesn't turn out to be college material? Spelling out the obligations in advance can lead to disaster. Provisions in MSAs allocating costs or percentages of college, are always modifiable because Section contributions are in the nature of child support — and child support is always modifiable but not retroactively to serve the best interests of the children:.
Given the statute's express language and its history, it is not surprising that Illinois courts have consistently held that section expenses are a form of child support to be read in conjunction with section In fact, section specifically includes language which references both section and section Minnesota Statutes E.
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Rhode Island General Laws South Carolina Code Tennessee Code Texas Business and Commerce Code Vermont Statutes Annotated and Virginia Code Some landlords send a statement and partial refund to each roommate, but others send all of the documentation and full refund to one person. State law applies in all other cities in central Illinois and requires interest be paid only if the property at which you were renting had 25 or more units in one building or in a complex of buildings on contiguous parcels of property, provided you did not default on the lease and the deposit was held for at least 6 months.
The rates are different for Urbana and for the rest of the state and are set by law. Chapter Interest is calculated from the date you paid the deposit, for the entire time it was held, and is due within 30 days of the end of EACH 12 month lease period. The simple math is:.
Illinois apartment renter rights
If your landlord held your deposit for several years and did not pay interest each year, you will need to compute the amount for each 12 month period the deposit was held, using the appropriate interest rate for each year. Penalty: A landlord who willfully fails or refuses to pay the interest on deposit as required by law can be held liable in court for an amount equal to the deposit itself, plus court costs and attorney fees.
Exemption: Damage deposits paid for publicly-owned housing including University-owned housing are exempt under state law. The Tenant Union does not provide legal services of any kind. All information provided in this publication is intended to help the average person prevent problems and deal with common concerns of renting.