Friday, February 20, 2015

Old Child Support: Don't Wait Too Long

In re Marriage of Ross

Illinois Appellate Court Civil Court
Case Number: 
 2015 IL App (2d) 130961
Decision Date: 
 February 11, 2015
 2d Dist.
 Du Page Co.
 Reversed and remanded with directions.
Judgment of dissolution entered in 1983, including monthly child support to be paid by husband; husband died in 2008. In 2012, wife filed petition for confirmation of lien, sale of real estate, and entry of QDRO, alleging child support arrearages and interest totaling nearly $66,000. Section 510(e) of Marriage Act subjects to Probate Act all claims for child support, including those based on arrearages existing when payor died. Wife's claim was time-barred, per section 5/18-12 of Probate Act, as it was filed more than two years after husband's death. (HUTCHINSON and ZENOFF, concurring.)

Best Regards, 

Jon D. McLaughlin
Bloomington Law Group LLC
Flanagan State Bank Building
2401 East Washington Street
Bloomington Illinois 61704
Skype: jmclaug2

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