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Divorce and Family Law Case Update

Cost  of  Living  IncreaseNo modification of a support order is
warranted where the person obligated to pay
Evidence presented to the trial courtsupport has adequately provided for the
indicated that the cost of supporting a childchildren in a testamentary device. Subsection
had substantially increased and that(c) of this section seeks to protect the
defendant's income had substantiallydependent child of divorced parents from loss
increased so as to enable him to pay thisof support through disinheritance, a loss
additional amount; in light of this evidencefrom which a child of nondivorced parents is
it was error for the trial court not to orderindirectly insulated; a divorced parent is
the defendant to pay modified amountstill free the disinherit a child of his
plaintiff  sought  for  child  support.divorced marriage, subject only to the
limited obligation of support. Since an
Death of Obligor Subsection (c) of thisoriginal decree made no provision for support
section provides that the obligation toof the minor children by the father, the
support, unless otherwise agreed in writingformer wife's petition filed after the
or provided in the judgment, will survive thefather's death constituted in effect an
death of the parent obliged to provide childeffort to enforce a claim against plaintiff's
support and seeks to protect the dependentestate for child support unrelated to the
child of divorced parents from loss ofdivorce decree, and, since the death of the
support through disinheritance, a loss fromplaintiff rendered it impossible for the
which a child of non-divorced parents istrial court to enter any personal decree
indirectly  insulated.against him, there could be no basis for
granting relief provided by an amended decree
An order under 750 ILCS 5/513 for educationunder former Ill.Rev.Stat., ch. 40, para. 19.
and maintenance of a child, whether of minor
or majority age, is intended to be includedDelayed  modification
within subsection (c) the same as a support
order and is not terminated by the death of aWhere at the time the petition for
parent obligated to pay for these expenses.modification was filed, the defendant was
An order of support for a non-minor child,receiving his full salary, he had incurred
although only to be granted under specialadditional expenses because of a heart
circumstances under 750 ILCS 5/513 is theattack, but he had also recently received an
same as any other order of support and doesinheritance, the trial court properly found
not terminate upon the death of the parentthat reduction of his alimony and support
obligated to pay the support unless otherwisepayments was not justified at the time of the
agreed in writing or expressly provided infiling of the petition, but that a
the judgment. Subsection (c) authorizemodification was justified effective six
modification of child support, when a parentmonths  later.
obligated to pay support dies, "to the extent
just and appropriate in the circumstances";Determination
however, no modification of a support order
is warranted where the decedent hasSupport should be determined by accommodating
adequately  provided  for  the  children.the needs of the children with the available
means of the parties.



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