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Father Ordered by Illinois Judge to Pay College Tuition, or Face Jail
Press release: A father of four was ordered this month by a circuit court judge to pay his adult daughter’s college expenses, regardless of his ability to pay, and will be incarcerated if he cannot pay the obligation.
Worse-Than-Usual Day in Family Court
Cafe member Nicole Franke's husband was ordered to pay nearly $8,000 a year for his adult daughter -- despite his hefty child support payments and ongoing medical expenses for his sick baby. Find out more in this editorial by the Cafe's co-founder and co-owner.
Run a Mile With a Column Inch
Want to write a letter to your local paper but you're not sure how to go about it? This article covers the hows and whys of writing letters to the editor.
Write an Effective Letter
Want to help the the Frankes? Join us as we write letters to elected officials and newspaper editors. This article contains tips and suggestions for making sure your letter gets noticed, and makes a difference.
by Mary Kuris
Dear (name of elected official)
I am a resident of Illinois and I'm writing to you concerning a court case I learned about recently.
On January 23, McHenry County Circuit Court Judge Joseph Condon will send Michael Franke to jail for six months on work release if he does not pay his former wife several thousand dollars for his adult daughter's tuition. This order puts at risk the life of Mr. Franke's one-year-old son, who requires monthly surgery to remove recurrent growths on his airway. Furthermore, I believe this order to be unconstitutional and a gross abuse of judicial discretion by Judge Condon.
Mr. Franke and his former wife were divorced in 1999. Their decree states that they would pay for college to the extent that they are able, and that ALL financial obligations are to be taken into account.
Mr. Franke does not have the means to send his adult daughter to an expensive university. Medical care expenses for his sick baby son cost him $500 a month in out-of-pocket expenses. With his son continuously preparing for surgery, in surgery, or recovering from surgery, he and his wife cannot afford the specialized childcare their baby would require, so Mrs. Franke must stay home to care for him.
Judge Condon has stated that he will garnish Mr. Franke's paychecks 100% to pay for his adult daughter's tuition, and will hold Mr. Franke financially responsible for his former wife's legal fees, as well. An "intact family" would never be forced to sacrifice the health of a younger child in order to provide a college education for a healthy adult sibling. Why then are such draconian sanctions placed on the children of second marriages?
New Hampshire courts recently ruled that forcing divorced parents to pay for their children's college expenses is unconstitutional. Parents from so-called "intact families" cannot be compelled to pay for post-secondary education for their grown children.
It's time for the Illinois courts and every other state family law system to hold themselves to the same constitutional standards as New Hampshire. I ask that you add your support to Mr. Franke and his family, and speak out on his behalf, and that you consider sponsoring legislation like New Hampshire's that will make Illinois a more just state for ALL its citizens.
Thank you for your consideration. I look forward to hearing from you.
Sincerely,
(your name)
(your address)
(your phone number)