Mother filed claims for a “child’s awards” under the Probate Act of 1975. And for child support under the Illinois Marriage and Dissolution of Marriage Act. This was in probate proceedings for the estate of the decedent, father.
The circuit court granted the child’s awards pursuant to the Probate Act. But, it denied a claim for future child support under the Marriage Act.
The trial court denied the claim for future child support under the Marriage Act. This was based on a finding that the award must be offset by the child’s award made under the Probate Act.
Mother appealed. The appellate court found that the two statutes do not conflict. The trial court apparently found a discrepancy in the reference to the “support” in the child’s award section of the Probate Act.
In re Estate of Hudson, 385 IllApp3d 1112