See 750 ILCS 5/513(a) (West 2020). However, a court is not required to do so. In re Marriage of Thurmond, 306 Ill.App.3d 828, 834 (1999); In re Marriage of Pearson, 236 Ill.App.3d 337, 351 (1992). The legislative intent of section 513 is to give the trial court discretion.
"However, a court should not order a party to pay more for educational expenses than he or she can afford." In re Marriage of Thurmond, 306 Ill. App. 3d 828, 834, 715 N.E.2d 814, 818 (1999). ¶ 22 "The petitioner bears the burden of proving that the respondent should contribute toward the college expenses of their child and the burden of showing how much the respondent should contribute."
The amount of child support depends on many factors, including the children's needs and the parents' financial resources. See In re Marriage of Campbell, 22 Wn. App. 560, 589 P.2d 1244, 1249 (Wash. Ct. App. 1979); see also Colo. REV. STAT. ANN. § 14-10-115(1) (West 1999); 750 ILL. COMP. STAT. ANN. 5/513(b) (West 1999); In re Marriage of Thurmond, 306 Ill. App. 3d 828, 715 N.E.2d 814, 818, 240 Ill. Dec. 127 (Ill. Ct. App. 1999); Fernau v. Fernau, 39 Wn. App. 695, 694 P.2d 1092, 1095 (Wash. Ct. App. 1984); In re Marriage of Berry, 660 P.2d 512, 513 (Colo. Ct. App. 1983). However, a court should not order a party to pay more for expenses than he or she can afford.
"[A] court should not order a party to pay more for educational expenses than he or she can afford." In re Marriage of Thurmond, 306 Ill. App. 3d 828, 834, 715 N.E.2d 814, 818 (1999).¶ 20 A trial court's decision to order the parties to contribute to a child's educational expenses will not be reversed absent an abuse of discretion. Thurmond, 306 Ill. App. 3d at 834, 715 N.E.2d at 818.
The amount of child support depends on many factors, including the children's needs and the parents' financial resources. See In re Marriage of Campbell, 22 Wn. App. 560, 589 P.2d 1244, 1249 (Wash. Ct. App. 1979); see also In re Marriage of Thurmond, 306 Ill. App. 3d 828, 715 N.E.2d 814, 818, 240 Ill. Dec. 127 (Ill. App. Ct. 1999); In re Marriage of Berry, 660 P.2d 512, 513 (Colo. Ct. App. 1983).
"A trial court has broad discretion in determining the necessity for and the amount of child support, and its decision will not be set aside unless the trial court abused its discretion or its order is contrary to the manifest weight of the evidence." In re Marriage of Thurmond, 306 Ill.App.3d 828, 832 (1999); In re Marriage of Mitchell, 103 Ill.App.3d 242, 249 (1981). A determination is contrary to the manifest weight of the evidence only when an opposite conclusion is clearly apparent or when the court's findings appear to be unreasonable, arbitrary, or not based upon the evidence.
Moreover, "[a] party's ability to pay must be evaluated with regard to the party's resources at the time of the hearing." In re Support of Pearson, 111 Ill. 2d 545, 552 (1986). ¶ 16 Our decision in In re Marriage of Thurmond, 306 Ill. App. 3d 828 (1999), is instructive. In that case, the father was ordered to pay $5148 per year ($99 per week) for educational expenses.
One case in effect at that time, however, referred to a disabled individual as one "incapacitated" by illness. In re Marriage of Thurmond, 306 Ill. App. 3d 828, 832-33 (1999). Robert urges that the trial court should have considered whether A.H. was "incapacitated," rather than "substantially limited."
¶ 30 A trial court's decision to order the parties to contribute to a child's educational expenses will not be reversed absent an abuse of discretion. In re Marriage ofThurmond, 306 Ill. App. 3d 828, 834, 715 N.E.2d 814, 818 (1999). "A clear abuse of discretion occurs when 'the trial court's ruling is arbitrary, fanciful, unreasonable, or where no reasonable person
A decision on educational expenses will not be disturbed on appeal absent an abuse of discretion. See In re Marriage of Thurmond, 306 Ill. App. 3d 828, 834 (1999). ¶ 62 Respondent makes a series of contentions with respect to the award.