In re Marriage of Doughtery
2017 IL App (1st) 161893
| Ill. App. Ct. | 2017Background
- Daniel and Megan Dougherty married in 2004 and have five minor children; Daniel moved out in December 2015 and Megan and the children remain in the marital home.
- Daniel petitioned under Ill. S. Ct. R. 306(a)(5) for interlocutory review of the trial court’s temporary orders awarding child support (57.2% of Daniel’s net income) and $250 in maintenance to Megan.
- Daniel did not file a separate appellate brief and relied on his petition for leave to appeal.
- The appeal raises whether Rule 306(a)(5)’s phrase “orders affecting the care and custody” encompasses temporary child support and maintenance orders.
- The appellate court sua sponte analyzed its jurisdiction and considered the interaction between Rules 306(a)(5) and 311(a) and related committee comments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 306(a)(5)’s phrase “orders affecting the care and custody” includes temporary child support and maintenance orders | Dougherty: “Care” can include support; support and maintenance are intertwined with custody and thus appealable under Rule 306(a)(5) | Megan: Rule 306(a)(5) and Rule 311(a) are limited to custody/allocation of parental responsibilities; support/maintenance are not independently covered | Court: Rule 306(a)(5) does not authorize interlocutory appeals of temporary support or maintenance orders absent a custody/allocation issue; appeal dismissed for lack of jurisdiction |
Key Cases Cited
- In re Denzel W., 237 Ill. 2d 285 (discussing the force and statutory construction of supreme court rules)
- People v. Houston, 226 Ill. 2d 135 (supreme court rules must be followed and construed as law)
- Gill v. Gill, 56 Ill. 2d 139 (distinguishing custody orders from support obligations and treating support as separate from custody)