In re Aaliyah L.H.
2013 IL App (2d) 120414
Ill. App. Ct.2014Background
- Parents Shangwe P. and Lacisha H. share custody of their daughter Aaliyah, with Lacisha the primary residential parent.
- At trial, health insurance premiums for Aaliyah were paid under Shangwe’s employer plan; premiums cost $485/month and the plan covered multiple children.
- Shangwe’s gross annual income was $74,000; Lacisha earned about $200/week with part-time work and school commitments.
- Daycare costs: Lacisha about $133/week; Shangwe about $30/week; both parties contributed toward daycare during parenting time.
- The trial court initially ordered Shangwe to pay 20% of net income as child support and to split daycare costs; it did not deduct health insurance premiums from net income.
- The appellate court modified the judgment: affirming the daycare split, but reversing the denial of health insurance premium deduction and reducing child support from $739 to $642/month.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May health insurance premiums be deducted from net income under 505(a)(3)(f)? | Shangwe argues premiums should be deductible since they benefit dependents. | Lacisha contends premiums were already accounted for and shouldn’t be doubled. | Premiums deductible; court erred in not deducting $485 monthly. |
| Does adding a third child with same premium affect the deduction under 505(a)(3)(f)? | Deduction applies to all dependent premiums regardless of number of children. | Deduction should be limited to cost increases for the child at issue. | Deduction allowed; no limitation tied to premium increase. |
| Should the obligor contribute to daycare beyond base child support? | Daycare costs are not necessary if child support already meets needs. | Court may order additional daycare contribution after considering all factors. | Affirmed in part: required half of daycare expenses to be paid by Shangwe. |
| Did the trial court abuse discretion by not applying section 505(a)(2) factors for deviation? | Deviation should be considered via statutory factors. | Factors were not properly raised; no deviation shown. | Forfeited on appeal; Serna does not compel application of 505(a)(2) factors here. |
| What is the appropriate level of child support after correct deductions? | Support should reflect actual net income after proper deductions. | Support set by guidelines; no change without proper deductions. | Child support reduced from $739 to $642 per month after deducting premiums. |
Key Cases Cited
- In re Marriage of Stone, 191 Ill. App. 3d 172 (1989) (supports deducting health insurance premiums for dependents without limited scope)
- In re Marriage of Florence, 260 Ill. App. 3d 116 (1994) (deduction only if paying the cost to cover the child)
- Serna, 172 Ill. App. 3d 1051 (1988) (daycare costs may be discretionary; factors not always required)
- In re Marriage of Carlson-Urbanczyk, 2013 IL App (3d) 120731 (2013) (de novo review of statutory interpretation when assessing net income and support)
- In re Marriage of Petersen, 2011 IL 110984 (2011) (statutory interpretation and net income considerations in child support)
- Fedun v. Kuczek, 155 Ill. App. 3d 798 (1987) (consideration of overall financial resources and needs in support orders)