| Cost of Living Increase | | | | No modification of a support order is |
| | | | warranted where the person obligated to pay |
| Evidence presented to the trial court | | | | support has adequately provided for the |
| indicated that the cost of supporting a child | | | | children in a testamentary device. Subsection |
| had substantially increased and that | | | | (c) of this section seeks to protect the |
| defendant's income had substantially | | | | dependent child of divorced parents from loss |
| increased so as to enable him to pay this | | | | of support through disinheritance, a loss |
| additional amount; in light of this evidence | | | | from which a child of nondivorced parents is |
| it was error for the trial court not to order | | | | indirectly insulated; a divorced parent is |
| the defendant to pay modified amount | | | | still 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 this | | | | original decree made no provision for support |
| section provides that the obligation to | | | | of the minor children by the father, the |
| support, unless otherwise agreed in writing | | | | former wife's petition filed after the |
| or provided in the judgment, will survive the | | | | father's death constituted in effect an |
| death of the parent obliged to provide child | | | | effort to enforce a claim against plaintiff's |
| support and seeks to protect the dependent | | | | estate for child support unrelated to the |
| child of divorced parents from loss of | | | | divorce decree, and, since the death of the |
| support through disinheritance, a loss from | | | | plaintiff rendered it impossible for the |
| which a child of non-divorced parents is | | | | trial 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 education | | | | under former Ill.Rev.Stat., ch. 40, para. 19. |
| and maintenance of a child, whether of minor | | | | |
| or majority age, is intended to be included | | | | Delayed modification |
| within subsection (c) the same as a support | | | | |
| order and is not terminated by the death of a | | | | Where 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 special | | | | additional expenses because of a heart |
| circumstances under 750 ILCS 5/513 is the | | | | attack, but he had also recently received an |
| same as any other order of support and does | | | | inheritance, the trial court properly found |
| not terminate upon the death of the parent | | | | that reduction of his alimony and support |
| obligated to pay the support unless otherwise | | | | payments was not justified at the time of the |
| agreed in writing or expressly provided in | | | | filing of the petition, but that a |
| the judgment. Subsection (c) authorize | | | | modification was justified effective six |
| modification of child support, when a parent | | | | months 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 has | | | | Support should be determined by accommodating |
| adequately provided for the children. | | | | the needs of the children with the available |
| | | | means of the parties. |