• Recent Court Decisions of Interest to Family Law Clients

    Full copies of Illinois court decisions are available at www.illinoiscourts.gov

    Illinois Supreme Court

    Yakich v. Aulds Case # 2019 IL 123667 - The DuPage County Circuit Court ruled that the Illinois statute that allows a court to require non-married/divorced parents to be ordered to help pay for adult children’s post-high school education violated the Constitutional guarantees of equal protection since married parents could not be order to pay such expenses. Since the Illinois Supreme Court had ruled in 1978 that such a law did not violate equal protection, the Supreme Court reversed the DuPage ruling on the basis that a trial court may not overrule the decisions of the Supreme Court regardless of the impact of any societal evolution that may have occurred since 1978.
    The law remains in force and unless the Illinois Supreme Court elects to review and reverse the 1978 ruling in a future case, the trial courts are bound to follow the 1978 ruling such that non-married/divorced parents may be ordered to pay post-high school education expenses of their adult children.

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