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