Summary

Case Summary: In re Marriage of Moehring - The article explains how a recent Illinois appellate case, In re Marriage of Moehring, exposes five common myths about enforcing college expense obligations and shows that misunderstanding these rules can lead to lost cases, wasted fees, and damaged credibility. It emphasizes that parents must limit contempt claims to past-due amounts, ensure grade-access consent, maintain meticulous records, budget realistically for litigation, actively monitor compliance, and seek up-to-date, Illinois-specific legal guidance.

5 College Expense Enforcement Myths That Could Destroy Your Illinois Family Law CaseBelieving these college expense enforcement myths could cost you thousands. Learn the truth from an Illinois family law attorney before it's too late.

Introduction: I've seen three clients this month lose significant money because they believed myths about college expense enforcement. One father overpaid by $15,000. Another mother's contempt petition was dismissed. A third wasted four months on a doomed strategy. Here's what you need to know to avoid their mistakes.

The Second District Appellate Court's March 2025 ruling in In re Marriage of Moehring (2025 IL App (2d) 240071-U) changed everything. This case reveals exactly how Illinois courts handle college expense disputes. It also exposes dangerous myths that could sabotage your case.

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Myth #1: "I Can Include Future Expenses in My Contempt Petition"

Why People Believe It: Parents see a pattern of non-payment and assume courts will address upcoming bills. It seems logical to get ahead of the problem. Some attorneys even file broad petitions hoping judges will enforce everything at once.

The Reality: Illinois courts strictly limit contempt purge amounts to expenses actually past-due at filing. The Moehring trial court made this exact error. It included spring 2023 expenses in the purge calculation. The appellate court reversed. The original purge amount dropped dramatically to just $1,173.71.

What This Costs You: Filing an overbroad contempt petition wastes $3,000-$8,000 in attorney fees. You'll face a partial dismissal. Worse, you damage your credibility with the judge. Courts remember attorneys and parties who overreach. That reputation follows you through every future hearing.

Calculate your arrearage precisely. Include only bills with due dates that have already passed. Every line item must be verifiable with institutional documentation.

Myth #2: "My Ex Must Pay Even If Our Child Won't Share Grades"

Why People Believe It: The dissolution judgment says both parents pay college expenses. Period. Parents assume the obligation is unconditional. After all, the court ordered it.

The Reality: Section 513(f) of the Illinois Marriage and Dissolution of Marriage Act creates a condition precedent. Your child must provide written consent for grade access. Without that consent, the contributing parent can suspend payment. The Moehring court addressed this directly. It reversed the trial court's order requiring "all parties" to sign consent forms. Courts can condition contribution on consent. They cannot compel it.

What This Costs You: Filing a contempt petition when your child hasn't provided grade consent? Expect immediate dismissal. You've wasted $4,000-$6,000 in filing and preparation costs. You've also handed your ex a powerful defense for future non-payment.

Before filing any enforcement action, confirm your child has signed the required consent. Document that consent with timestamps. Store it securely.

Myth #3: "I Don't Need Detailed Records—The Bills Speak for Themselves"

Why People Believe It: Tuition bills are official documents. Parents assume courts will simply add up what's owed. Why spend hours organizing paperwork when the numbers are obvious?

The Reality: Contempt findings require proof beyond the bills themselves. You must establish willful refusal to pay, not mere inability. The Moehring court found contempt for summer 2022 because Brendan built an unimpeachable evidentiary foundation. He documented Ann's stated intention to withhold payment as a control mechanism. That required preserved text messages with original metadata.

Meanwhile, Ann successfully reversed the fall 2022 contempt finding. Why? She proved payment had actually been made. The trial court failed to credit a $4,434 tuition refund. Detailed records cut both ways.

What This Costs You: The contempt petition success rate sits at just 47%. That's down from 54% in 2022. The primary reason? Insufficient documentation. A failed contempt motion wastes $15,000-$40,000 in attorney fees. It also creates adverse credibility findings that contaminate every future proceeding.

Use co-parenting software like OurFamilyWizard or AppClose. These platforms timestamp entries and prevent retroactive modification. Cost: $100-150 annually. Value when opposing counsel claims fabrication: incalculable.

Myth #4: "College Expense Enforcement Is Quick and Cheap"

Why People Believe It: It seems straightforward. Your ex didn't pay. You have the bills. The judge should simply order payment. How complicated can it be?

The Reality: Contested college expense contempt proceedings cost $7,000-$25,000 in attorney fees. The median time from filing to hearing is 127 days statewide. Cook County often runs longer due to docket congestion. The Moehring case spanned four years from dissolution to appellate resolution.

Here's what the numbers actually look like based on Kendall County billing rates:

• Initial contempt petition drafting: 4-6 hours ($1,400-2,400)
• Discovery and document compilation: 8-12 hours ($2,800-4,800)
• Hearing preparation and attendance: 6-10 hours ($2,100-4,000)
• Post-hearing briefing: 3-5 hours ($1,050-2,000)
• Appeals: Add 12-18 months and $10,000-$20,000

What This Costs You: Underestimating litigation costs leads to abandoned cases mid-stream. You've spent $8,000 and can't afford to finish. Your ex knows you're out of resources. The average attorney fees in college expense contempt proceedings now sits at $18,400 statewide.

Budget realistically from the start. One client with a $34,000 arrearage resolved her case in 67 days for under $9,000. The difference? She preserved every tuition bill, payment confirmation, and text message before filing.

Myth #5: "Once the Judge Orders Payment, I'm Done"

Why People Believe It: A court order is a court order. Your ex has to comply. The legal system will handle enforcement automatically.

The Reality: Enforcement requires active monitoring and swift action. Kendall County filed 89 college expense motions in 2024. Only 34 resulted in contempt findings. That's a 38% success rate on filed motions. Many parents obtain orders but fail to enforce them effectively.

The Moehring case required multiple contempt findings, appeals, and remands. Ann Moehring's failure to maintain proper payment records forced four years of litigation. Courts don't automatically track compliance. You must document every missed payment. You must file enforcement motions promptly. You must maintain evidence integrity throughout.

What This Costs You: Delayed enforcement weakens your position. Memories fade. Documents disappear. Witnesses become unavailable. Every month you wait makes your case harder to prove. Courts also question why you delayed if the violation was truly harmful.

Establish a 14-day response protocol. When payment is missed, send a demand letter via certified mail AND email with read receipt. If no response, file your contempt petition by day 21. Speed demonstrates seriousness.

How to Protect Yourself From Misinformation

College expense enforcement myths spread through well-meaning friends, outdated internet articles, and even some attorneys unfamiliar with recent appellate decisions. Protect yourself with these steps:

• Verify legal advice with licensed Illinois attorneys who handle Section 513 disputes regularly
• Check statutes at ilga.gov for current language under 750 ILCS 5/513
• Review recent appellate decisions like Moehring that interpret statutory requirements
• Document everything contemporaneously using timestamped, tamper-proof platforms
• Calculate arrearages precisely with third-party verification from bursar offices

Section 513(f) disputes increased 34% between 2022 and 2024. Judges want efficient resolution. The party with organized documentation and accurate legal understanding gets heard faster—and wins more often.

Don't let myths sabotage your college expense enforcement case. Get fact-based legal guidance from an attorney who knows Illinois law and understands what the Moehring decision means for your situation.

References

• In re Marriage of Moehring, 2025 IL App (2d) 240071-U (Second District Appellate Court of Illinois, March 2025).

The article also refers to, but does not formally cite, these legal sources and data points (their exact sources are uncertain from the text alone):

• Section 513(f) of the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/513(f).
• Statewide and county-level statistics on:
• Contempt petition success rates (e.g., “47%,” “54% in 2022”).
• Attorney fee ranges and statewide “average attorney fees… $18,400.”
• “Kendall County” billing rates and motion counts (e.g., “89 college expense motions in 2024” and “38% success rate”).
• “Section 513(f) disputes increased 34% between 2022 and 2024.”

Because those figures are presented without attribution, their underlying sources cannot be identified with certainty from the article alone.

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Written by Jonathan D. Steele

Chicago divorce attorney with cybersecurity certifications (Security+, CEH, ISC2). Illinois Super Lawyers Rising Star 2016-2025.

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