Pleadings Involving a Modification of Divorce Decree
The petitioner sought modification of a divorce decree to compel her ex-spouse to support the parties’ mentally disabled child after that child had attained the age of majority; her petition adequately asserted a “change in circumstances” based on the child’s continuing handicap after attaining majority;
Interestingly, it was not necessary to plead a “change in circumstances” under this section of the Illinois Marriage and Dissolution of Marriage Act since there may be a substantive obligation to support to a mentally disabled child in 750 ILCS 5/513. This fact is unrelated to the terms of any prior divorce decree. In re Winters
Thus, a special needs child may remain dependent upon the obligor for support beyond the age of majority in Illinois.
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