In re Marriage of Ross, 2015 IL App (2d) 130961

1. Case citation and parties
- In re Marriage of Ross, 2015 IL App (2d) 130961 (Ill. App. Ct. Feb. 11, 2015; reh’g den. Apr. 2, 2015).
- Anita Ross Pruitt (claimant/appellee) v. Estate of James S. Ross (Holly Ross, executor; appellant).

2. Key legal issues
- Whether a petition to collect child‑support arrearages against a decedent’s estate is time‑barred by the Probate Act (755 ILCS 5/18‑12(b)) when the right to seek support survives death under the Marriage and Dissolution of Marriage Act (750 ILCS 5/510(e)).
- Related jurisdiction/venue question (domestic relations court v. probate court) and whether equitable defenses (laches) could save a late claim.

3. Holding/outcome
- Reversed. The appellate court held Anita’s claim for overdue child support was time‑barred under §18‑12(b) of the Probate Act as incorporated by §510(e) of the Marriage Act. The trial court’s post‑death reinstatement of Anita’s petition and judgment against the Estate were reversed and the cause remanded with directions to dismiss the petition with prejudice.

4. Significant legal reasoning (concise)
- §510(e) preserves the right to petition for support after a parent’s death but expressly subjects “the time within which a claim may be filed against the estate” to the Probate Act. The court construed this language to mean both (a) claims based on support obligations existing at death (see §510(d)) and (b) new post‑death claims are governed by Probate Act time limits.
- Because §510(e) contains no exception for arrearages, a claim to collect past‑due support against an estate is a “barrable, noncontingent claim” under the Probate Act. Section 18‑12(b) imposes an outer limitations period for filing claims against an estate; Anita’s petition (filed years after James’s death and long after the original dissolution order) exceeded that statutory period.
- The appellate court therefore reversed without resolving equitable defenses (laches) because the statutory bar was dispositive.

5. Practice implications for counsel
- Child‑support claims against a decedent’s estate are subject to the Probate Act’s claim‑filing deadlines—domestic relations process or §510(e) does not create an exception for arrearages. File or present claims in the probate administration within statutory time frames (and obtain/monitor notice).
- If seeking enforcement of past support after a parent’s death, evaluate and plead timely probate claims (or lien enforcement) rather than relying solely on post‑death domestic relations actions.
- Defendants/executors should assert statutory‑bar defenses early; affirmative equitable defenses (laches) may be moot if the Probate Act’s limitations apply.