State: Illinois
Court: 4th District Appellate
Docket No: 4-97-0171
Case Date: 05/15/1998
NO. 4-97-0171
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
In Re: the Marriage of ) Appeal from
NANCY E. DANIELS, n/k/a ) Circuit Court of
NANCY E. PRIEPOT, ) Sangamon County
Petitioner-Appellant, ) No. 79D921
and )
JERRY L. DANIELS, ) Honorable
Respondent-Appellee. ) Stuart H. Shiffman,
) Judge Presiding.
_________________________________________________________________
JUSTICE COOK delivered the opinion of the court:
On August 24, 1979, Nancy Daniels, n/k/a Nancy Priepot,
and Jerry Daniels were divorced by a judgment of dissolution of
marriage. On December 22, 1993, an order modifying judgment of
dissolution of marriage to apportion education expenses was
entered requiring Jerry Daniels to pay $300 per month for educa-
tional expenses for the benefit of Theresa Daniels, the parties'
child, who was born in June 1975. The order provided the pay-
ments "shall continue so long as she [Theresa] is a full-time
student in good standing at Moody Bible College, with an antici-
pated graduation date of June, 1997."
Theresa was married on August 9, 1996. Beginning in
September 1996, Jerry quit paying the $300 per month for
Theresa's educational expenses pursuant to the 1993 order because
he considered her marriage a legally emancipating event.
On January 29, 1997, Nancy filed a petition for rule to
show cause and for other relief requesting Jerry be held in
contempt of court and that a money judgment be entered againsthim for the amount of educational expenses unpaid by him from
September 1996, as required by the 1993 order. The trial court
entered an order for rule to show cause on January 30, 1997. On
February 19, 1997, Jerry filed a petition to modify judgment of
dissolution of marriage as modified as to post high school
educational support. In his petition, Jerry alleged that because
Theresa's marriage on August 9, 1996, was an emancipating event
he should be relieved of any further obligation to pay education-
al expenses.
A hearing on both petitions was held on February 27,
1997. The court found that, after her marriage in August 1996,
Theresa was emancipated and that her marriage precluded Jerry's
obligation to pay the $300 per month in educational expenses.
The trial court found that Jerry had not made payments for
educational expenses since August 1996, but ruled that as of
September 1, 1996, defendant had no obligation to pay those
educational expenses. The court discharged Nancy's petition for
rule to show cause and denied her request for a money judgment.
The court did not rule on Jerry's petition to modify.
Nancy appeals, arguing the trial court erred in con-
cluding Jerry's responsibility to pay the $300 per month in
educational expenses automatically ceased upon Theresa's mar-
riage. Nancy argues that Theresa's marriage may have constituted
a change in circumstances, but Jerry was obligated to file a
petition to modify the educational expenses order, and the trial
court could modify the order retroactive to the date Jerry filed
a modification petition. Nancy contends the case In re Marriage
of Walters, 238 Ill. App. 3d 1086, 604 N.E.2d 432 (1992), upon
which the trial court based its ruling, is incorrect and should
not be followed in this district.
Section 513(a) of the Illinois Marriage and Dissolution
of Marriage Act (Act) provides:
"The court may award sums of money out
of the property and income of either or both
parties or the estate of a deceased parent,
as equity may require, for the support of the
child or children of the parties who have
attained majority in the following instances:
(1) When the child is mental-
ly or physically disabled and not
otherwise emancipated, an appli-
cation for support may be made
before or after the child has at-
tained majority.
(2) The court may also make
provision for the educational ex-
penses of the child or children of
the parties, whether of minor or
majority age, and an application
for educational expenses may be
made before or after the child has
attained majority, or after the
death of either parent. The au-
thority under this Section to make
provision for educational expenses
extends not only to periods of
college education or professional
or other training after graduation
from high school, but also to any
period during which the child of
the parties is still attending high
school, even though he or she at-
tained the age of 18. The educa-
tional expenses may include, but
shall not be limited to, room,
board, dues, tuition, transporta-
tion, books, fees, registration and
application costs, medical expenses
including medical insurance, dental
expenses, and living expenses dur-
ing the school year and periods of
recess, which sums may be ordered
payable to the child, to either
parent, or to the educational in-
stitution, directly or through a
special account or trust created
for that purpose, as the court sees
fit." 750 ILCS 5/513(a)(1), (a)(2)
(West 1996).
Section 513(a)(2) clearly allows provision for a child's educa-
tion to be made when the child is of majority age. Walters, 238
Ill. App. 3d at 1091, 604 N.E.2d at 437.
The issue before us was decided by the Second District
Appellate Court in Walters (238 Ill. App. 3d 1086, 604 N.E.2d
432). In Walters, the parties' judgment of dissolution of mar-
riage provided that the father "shall be responsible for a
college education for each child to the best of his financial
ability, provided said child is college material." Walters, 238
Ill. App. 3d at 1089, 604 N.E.2d at 436. The parties' two
daughters each got married at some point during their college
educations. The father had failed to pay for any of their
college expenses. Walters, 238 Ill. App. 3d at 1089-90, 604
N.E.2d at 437. On appeal, contesting the trial court's order
that the father's responsibility to pay college education expens-
es terminated upon the daughters' marriages, the mother argued no
statutory mandate existed that the daughters' emancipation
through marriage relieved the father's obligation to pay for the
education expenses. Walters, 238 Ill. App. 3d at 1089, 604
N.E.2d at 436.
The court held that section 513 of the Act does not
allow provision for a child's education when that child is
emancipated other than by age, specifically, when the child is
emancipated by marriage. Walters, 238 Ill. App. 3d at 1091, 604
N.E.2d at 437. If it had so desired, the legislature could have
allowed awards for education expenses even in the case of emanci-
pation other than by age, but it did not do so. Walters, 238
Ill. App. 3d at 1091, 604 N.E.2d at 438.
"Since the statute specifically provides for
awards for education expenses and maintenance
even if the child reaches majority, but does
not specifically allow awards in the case of
other emancipating events, we conclude that
the court may award education expenses and
maintenance for a child who is emancipated
by reaching majority age but not by other
means." Walters, 238 Ill. App. 3d at 1092,
604 N.E.2d at 438.
As a result, the father's obligation to pay for his daughters'
college expenses terminated when they became emancipated through
marriage. Walters, 238 Ill. App. 3d at 1092, 604 N.E.2d at 438.
Nancy argues that section 513(a)(1) provides that a
disabled child may be awarded support even if the child has
attained majority as long as the child is "not otherwise emanci-
pated." 750 ILCS 5/513(a)(1) (West 1996). Section 513(a)(2)
does not contain the "not otherwise emancipated" language found
in section 513(a)(1). Nancy contends that since the exception
the child must not be otherwise emancipated is not contained in
section 513(a)(2), the exception is not applicable to section
513(a)(2), which indicates the legislature's intent to allow
awards of educational expenses even when a child is emancipated
by something other than age.
We agree with the Walters decision and hold that a
parent's obligation to pay for the educational expenses of a
child who has attained majority terminates upon the marriage of
that child, an emancipating event. Section 513(a) of the Act
carves out one exception to a child's emancipation and provides
that support for the child's educational expenses may be awarded
even if the child is of majority age. The Act does not carve out
any other exception to emancipation, for example, that support
for educational expenses may be awarded even if the child is
married.
Section 510 of the Act addresses modification and
termination of provisions for maintenance, support, and education
expenses. Section 510(d) provides:
"Unless otherwise agreed in writing
or expressly provided in a judgment, pro-
visions for the support of a child are
terminated by emancipation of the child,
except as otherwise provided herein, but
not by the death of a parent obligated to
support or educate the child. An existing
obligation to pay for support or educational
expenses, or both, is not terminated by the
death of a parent." 750 ILCS 5/510(d)
(West 1996).
According to this section, emancipation of a child terminates
support obligations, except as provided in other sections of the
Act. Section 513(a)(2) of the Act is an exception to support
obligations for education expenses regarding a child who is
emancipated only in the respect that he is no longer a minor.
Consequently, support obligations for education expenses termi-
nate upon the emancipation of a child, other than by age, "[u]n-
less otherwise agreed in writing or expressly provided in a
judgment." 750 ILCS 5/510(d) (West 1996). Here, the parties did
not agree nor did the 1993 order provide that Jerry's obligation
to pay $300 per month for Theresa's educational expenses would
survive if Theresa were to marry.
For the foregoing reasons, the judgment of the circuit
court of Sangamon County is affirmed.
Affirmed.
KNECHT and GREEN, JJ., concur.
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