(CN) – An Illinois man must keep contributing to the future educational expenses of his jailed son, an Illinois appeals court ruled.
Max Baumgartner was 10 when his parents were divorced. His parents, Craig and Susan, were both obligated by their divorce decree to contribute to Max’s post-secondary education.
Max, now 20, attended Oakton Community College before being jailed for a year on charges that Craig said will require him to register as a sex offender. Max’s release is scheduled for April 9, 2010.
Craig moved for an amendment to the divorce decree, seeking relief from the obligation to pay any of Max’s future education costs.
The trial court agreed with Craig that the jail term was an emancipating event, but the First District Appellate Court in Chicago disagreed.
“The parties have not cited any authority establishing that Illinois considers incarceration, in addition to marriage and military service, an emancipating event,” Judge Hall wrote.