Parties divorce. Husband owes child support. Ex-husband dies.  The ex-wife filed a claim for back child support four years later. She filed in probate court against the ex-husband’s estate.

She argued that there was an existing lien against the assets in the ex-husband’s estate according to the law.  The total amount she sought was $65,976 including interest.

However, the Probate Act has a two-year time limit from the time of the decedent’s death to file a claim for child support.  So, the ex-wife’s claim was filed too late.

The court noted that §505(d) of the IMDMA (divorce law in Illinois) deals with claims against an estate based on a support obligation that existed at the time of the parent’s death.  §505(e) deals with claims against the estate for a new award of support.

But, both types of claims are also subject to the limitations of the Probate Act. It was too late to file a claim against his estate. You have to read the divorce and the probate laws together.

In re Marriage of Ross, 2015 IL App (2d) 130961

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