In re Marriage of Turk
996 N.E.2d 62
Ill. App. Ct.2013Background
- Postjudgment proceeding in a dissolution action; trial court found Steven had sole custody and Iris shared with younger child, elder child temporarily with Iris but alienated, and Steven earned ~$150,000 while Iris earned under $10,000.
- Trial court ordered Steven to pay Iris $600/month for child support and to pay all uninsured medical expenses.
- Parties appealed: Steven argued lack of authority under 505 ILCS 5 to award child support to a noncustodial parent and that, if authorized, the amount and medical expense allocation were improper.
- Court acknowledged a postdecree custody shift, substantial income disparity, and significant parenting-time deviations, and that the record did not clearly reflect Iris’s post-shift parenting expenses.
- Appellate court held trial court had authority to order child support from the custodial parent to noncustodial parent, but remanded for evidentiary hearing to determine the support amount considering Iris’s parenting expenses; affirmed the allocation of all uninsured medical expenses to Steven.
- Decision reversed and remanded for evidentiary hearing on support amount; no abuse found in medical expense ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to order custodial parent to pay to noncustodial parent | Steven argues no authority under 505. | Iris contends authority exists via 505 and guidelines; disparate incomes. | Trial court has authority to order custodial parent to pay noncustodial parent. |
| Proper amount of child support and deviation from guidelines | Steven challenges deviation and seeks guideline-based amount. | Iris alleges need for deviation due to unique factors and income disparity. | Remanded for evidentiary hearing to determine appropriate amount considering parenting expenses. |
| Allocation of uninsured medical expenses | Steven argues trial court overreached; medical costs should be shared. | Iris argues equitable allocation given custodial status and needs. | Court upheld ordering Steven to pay all uninsured medical expenses. |
Key Cases Cited
- Shoff v. Shoff, 179 Ill. App. 3d 178 (1989) (custodial parent may not be required to pay to noncustodial in certain custody scenarios; limited relevance here)
- Cesaretti v. Cesaretti, 203 Ill. App. 3d 347 (1990) (custodial parent may be ordered to pay noncustodial support when time is equal and income disparity exists)
- Minear v. In re Marriage of Minear, 181 Ill. 2d 552 (1998) (deviation from guidelines may be allowed if explained and best interests serve)
- Reyna v. Reyna, 78 Ill. App. 3d 1010 (1979) (child support decisions are within trial court discretion; best interests control)
- Blisset v. Blisset, 123 Ill. 2d 161 (1988) (best interests of the child paramount in support matters)
- Stanley v. Stanley, 279 Ill. App. 3d 1083 (1996) (requires express findings when deviating from guidelines)