In re estate of Joseph D. Hudson, Jr., Deceased

              1
NOTICE
Decision filed 10/15/08. The text of
this dec ision may be changed or
corrected prior to the filing of a
Petition for Rehea ring or the
disposition of the same.
NO. 5-07-0312
IN THE
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
________________________________________________________________________
In re ESTATE OF JOSEPH D. HUDSON, ) Appeal from the
JR., Deceased ) Circuit Court of
) Madison County.
(Donna Sobkoviak, )
)
Petitioner-Appellant, )
)
v. ) No. 04-P-749
)
Theresa Schlechte, Executrix, ) Honorable
) Clarence W. Harrison II,
Respondent-Appellee). ) Judge, presiding.
________________________________________________________________________
JUSTICE GOLDENHERSH delivered the opinion of the court:
Petitioner, Donna Sobkoviak, filed claims for "child's awards" under the Probate Act
of 1975 (Probate Act) (755 ILCS 5/15-2(b) (West 2006)) and for child support under the
Illinois Marriage and Dissolution of Marriage Act (Marriage Act) (750 ILCS 5/510(d) (West
2006)) in probate proceedings for the estate of the decedent, Joseph D. Hudson, Jr., in the
circuit court of Madison County. The circuit court granted child's awards pursuant to the
Probate Act, but it denied a claim for future child support under the Marriage Act. On
appeal, petitioner raises issues regarding whether the circuit court erred by finding that the
provisions for a child's award under the Probate Act and for child support under the Marriage
Act are duplicative and mandate an offset. We reverse and remand.
FACTS
Petitioner and decedent were married on February 15, 1986. The product of their
union was two children, one born in 1987 and one born in 1989. The parties were divorced
on November 15, 1998. Decedent agreed to pay child support to petitioner "for the support