Summary
The Illinois Appellate Court, Second District, reviewed a modification of child support following the parties' dissolution of marriage. The court held that the termination of maintenance and automobile payments contemplated by the original dissolution judgment did not constitute a substantial change in circumstances under section 510(a) of the Illinois Marriage and Dissolution of Marriage Act. The court reversed the modification order because the increase in support also did not satisfy the applicable 20% statutory threshold.
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Practice areas
Questions Presented
- Whether the termination of maintenance and vehicle-payment obligations that was contemplated by the original dissolution judgment constituted a substantial change in circumstances permitting modification of child support under section 510(a)(1) of the Illinois Marriage and Dissolution of Marriage Act.
- Whether the child-support increase independently qualified for modification under the 20-percent inconsistency provision of section 510(a)(2)(A).
Holdings
- The termination of maintenance and vehicle-payment obligations contemplated by the original dissolution judgment did not constitute a substantial change in circumstances sufficient to modify child support under section 510(a)(1).
- The increase from $1,113 to $1,275 per month, approximately 14.6 percent, did not satisfy the statutory 20-percent inconsistency requirement for modification under section 510(a)(2)(A).
Key quotations
“The increase in Ronald's available income to pay child support following the termination of maintenance and car payments did not constitute a substantial change in circumstances because these events were contemplated and expected by the court when the judgment for dissolution of marriage was entered.” (322 Ill. App. 3d at 817)
“We conclude that the trial court erred as a matter of law in determining that a substantial change in circumstances permitting the modification of child support had occurred since the entry of the judgment for dissolution of marriage.” (322 Ill. App. 3d at 818)
Factual background
The parties' 1998 dissolution judgment required Ronald Hughes to pay $1,113 per month in child support, $788 per month in rehabilitative maintenance for 12 months, and 12 monthly payments on a vehicle awarded to Stacy Hughes. After the maintenance and vehicle payments ended, Stacy petitioned to increase child support, citing Ronald's increased available income, her limited income, increased child-related expenses, and increased personal expenses. The circuit court increased child support to $1,275 per month based primarily on Ronald's cessation of the maintenance and vehicle payments.
Procedural history
The circuit court entered a judgment dissolving the parties' marriage on December 2, 1998, requiring Ronald Hughes to pay $1,113 per month in child support, 12 months of rehabilitative maintenance, and 12 monthly Honda Odyssey payments. After the maintenance and vehicle-payment obligations ended, Stacy Hughes petitioned to modify child support. Following an evidentiary hearing, the circuit court found a material change in circumstances and increased child support to $1,275 per month. Ronald appealed, and the Appellate Court of Illinois reversed.