In re Marriage of Carlson-Urbanczyk
991 N.E.2d 933
Ill. App. Ct.2013Background
- Agreed dissolution judgment (Nov. 11, 2011) awarded mother sole custody and ordered father to pay 32% of net income for child support.
- Parties reserved whether father would contribute to daycare and extracurricular expenses beyond the statutory child support.
- April 2012 motion to set daycare/extracurricular contributions filed by mother; hearing held May 23, 2012 with financial affidavits.
- Father’s net income shown as $2,465 after child support; daycare/activities costs claimed by mother totaled $1,854 monthly.
- Court initially ordered payment of 40% of daycare/extracurricular costs in addition to 32% child support, later reconsidered to 20% after reviewing ability to pay.
- Mother appeals the reduction, and the circuit court’s judgment is affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused discretion by reducing the daycare/extracurricular contribution from 40% to 20%. | Carlson-Urbanczyk | Urbanczyk | No abuse; court properly reconsidered and reduced. |
Key Cases Cited
- In re Serna, 172 Ill. App. 3d 1051 (Ill. App. 1988) (court may order additional daycare costs beyond statutory support)
- In re Demattia, 302 Ill. App. 3d 390 (Ill. App. 1999) (upward deviation from statutory support requires record support)
- In re Meyer, 140 Ill. App. 3d 1031 (Ill. App. 1986) (upward deviation requires supporting record)
- In re Charles, 284 Ill. App. 3d 339 (Ill. App. 1996) (statutory guidelines permit discretion with record support)