Divorce and Family Law Case Update

Cost of Living IncreaseNo modification of a support order is warranted
Evidence presented to the trial court indicated thatwhere the person obligated to pay support has
the cost of supporting a child had substantiallyadequately provided for the children in a
increased and that defendant's income hadtestamentary device. Subsection (c) of this section
substantially increased so as to enable him to pay thisseeks to protect the dependent child of divorced
additional amount; in light of this evidence it was errorparents from loss of support through disinheritance, a
for the trial court not to order the defendant to payloss from which a child of nondivorced parents is
modified amount plaintiff sought for child support.indirectly insulated; a divorced parent is still free the
Death of Obligor Subsection (c) of this sectiondisinherit a child of his divorced marriage, subject only
provides that the obligation to support, unlessto the limited obligation of support. Since an original
otherwise agreed in writing or provided in thedecree made no provision for support of the minor
judgment, will survive the death of the parent obligedchildren by the father, the former wife's petition filed
to provide child support and seeks to protect theafter the father's death constituted in effect an
dependent child of divorced parents from loss ofeffort to enforce a claim against plaintiff's estate for
support through disinheritance, a loss from which achild support unrelated to the divorce decree, and,
child of non-divorced parents is indirectly insulated.since the death of the plaintiff rendered it impossible
An order under 750 ILCS 5/513 for education andfor the trial court to enter any personal decree
maintenance of a child, whether of minor or majorityagainst him, there could be no basis for granting relief
age, is intended to be included within subsection (c)provided by an amended decree under former
the same as a support order and is not terminatedIll.Rev.Stat., ch. 40, para. 19.
by the death of a parent obligated to pay for theseDelayed modification
expenses. An order of support for a non-minor child,Where at the time the petition for modification was
although only to be granted under specialfiled, the defendant was receiving his full salary, he
circumstances under 750 ILCS 5/513 is the same ashad incurred additional expenses because of a heart
any other order of support and does not terminateattack, but he had also recently received an
upon the death of the parent obligated to pay theinheritance, the trial court properly found that
support unless otherwise agreed in writing orreduction of his alimony and support payments was
expressly provided in the judgment. Subsection (c)not justified at the time of the filing of the petition,
authorize modification of child support, when a parentbut that a modification was justified effective six
obligated to pay support dies, "to the extent justmonths later.
and appropriate in the circumstances"; however, noDetermination
modification of a support order is warranted whereSupport should be determined by accommodating the
the decedent has adequately provided for theneeds of the children with the available means of the
children.parties.