In re Marriage of Wilhelmsen

Illinois Appellate Court
Civil Court
Marriage and Dissolution of Marriage Act
Citation
Case Number: 
2019 IL App (2d) 180898
Decision Date: 
Thursday, October 24, 2019
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
HUTCHINSON

Marital settlement agreement (MSA) provided that husband owed wife a marital debt and would reimburse each of the 3 children's section 529 plans accordingly, and that both would jointly bear the children's higher education expenses and did not provide that husband's repayment of marital debt would reduce his future obligation for any higher education expenses once children reached age of majority. Section 513(h) states that a college savings account is to be considered a resource of the child, and merely guides court's consideration of child's financial resources as it considers factors under Section 513(j) when making an award. (SCHOSTOK and HUDSON, concurring.)