Reversing a trial court, an Illinois appeals court finds that the state's Marriage Act and Probate Act do not conflict, and so a father's estate may be required to pay both child support under the Marriage Act and awards to the children under the Probate Act. In re Estate of Hudson (Ill. App., 5th Distr., No. 5-07-0312, Oct. 15, 2008).
In 1998, when Donna Sobkoviak and Joseph Hudson, Jr. divorced, Mr. Hudson agreed to pay Ms. Sobkoviak child support for their two children. Mr. Hudson died in 2004. During the probate of his estate, Ms. Sobkoviak made claims for past-due and future child support under the state Marriage Act and for awards under the child's award provisions of the Probate Act.
The probate court determined that the estate was required only to pay past-due as opposed to future child support because it found that the child support provisions of the Marriage Act duplicated the child's award provisions of the Probate Act and thus required an offset. Ms. Sobkoviak appealed.
Finding no conflict between the two statutes, the Appellate Court of Illinois reverses. The court finds that the plain language of the Probate Act confirms that the child's award is distinct from child support and thus does not mandate an offset of child support. The court remands, however, for a determination as to whether equity requires such an offset.
To download the full text of this decision in PDF format, go to: https://www.state.il.us/court/Opinions/AppellateCourt/2008/5thDistrict/October/5070312.pdf.
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