The Illinois Family Lawyer

Commentary on the practice of family law (and other riveting subjects) from a Chicago lawyer

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Location: Chicago, Illinois, United States

Saturday, October 20, 2007

Well, one of my more interesting cases just got wrapped up. At the core of the case was support for a daughter after she turned 19. What was unique was that this girl had failed a grade in high school so she was a senior in high school during the year that she was 19. The daughter attended a private high school. The attorney for the mother brought a petition for support alleging that the girl was disabled based on the allegation that she had ADHD.

I said that's crap ADHD is not a disability that allows support pursuant to Section 513 of the Marriage and Dissolution of Marriage Act. Eventually the opposing party backed down realizing they'd have to bring in some high priced experts to testify to the daughters disability. We came to an Agreed Order regarding college expenses.

The problem for the mother in this case was that the father had not been ordered to contribute to tuition prior to the daughter turning 19. If he had, then 513 would have been appropriate and they wouldn't have had to pursue this bogus disability claim. What's the lesson, probably ask the court for the father to contribute to tuition immediately when the child begins private school.

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