| Cost of Living Increase | | | | No modification of a support order is warranted |
| Evidence presented to the trial court indicated that | | | | where the person obligated to pay support has |
| the cost of supporting a child had substantially | | | | adequately provided for the children in a |
| increased and that defendant's income had | | | | testamentary device. Subsection (c) of this section |
| substantially increased so as to enable him to pay this | | | | seeks to protect the dependent child of divorced |
| additional amount; in light of this evidence it was error | | | | parents from loss of support through disinheritance, a |
| for the trial court not to order the defendant to pay | | | | loss 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 section | | | | disinherit a child of his divorced marriage, subject only |
| provides that the obligation to support, unless | | | | to the limited obligation of support. Since an original |
| otherwise agreed in writing or provided in the | | | | decree made no provision for support of the minor |
| judgment, will survive the death of the parent obliged | | | | children by the father, the former wife's petition filed |
| to provide child support and seeks to protect the | | | | after the father's death constituted in effect an |
| dependent child of divorced parents from loss of | | | | effort to enforce a claim against plaintiff's estate for |
| support through disinheritance, a loss from which a | | | | child 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 and | | | | for the trial court to enter any personal decree |
| maintenance of a child, whether of minor or majority | | | | against 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 terminated | | | | Ill.Rev.Stat., ch. 40, para. 19. |
| by the death of a parent obligated to pay for these | | | | Delayed 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 special | | | | filed, the defendant was receiving his full salary, he |
| circumstances under 750 ILCS 5/513 is the same as | | | | had incurred additional expenses because of a heart |
| any other order of support and does not terminate | | | | attack, but he had also recently received an |
| upon the death of the parent obligated to pay the | | | | inheritance, the trial court properly found that |
| support unless otherwise agreed in writing or | | | | reduction 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 parent | | | | but that a modification was justified effective six |
| obligated to pay support dies, "to the extent just | | | | months later. |
| and appropriate in the circumstances"; however, no | | | | Determination |
| modification of a support order is warranted where | | | | Support should be determined by accommodating the |
| the decedent has adequately provided for the | | | | needs of the children with the available means of the |
| children. | | | | parties. |