In re Parentage of I.I.

Illinois Appellate Court
Civil Court
Child Support
Citation
Case Number: 
2016 IL App (1st) 160071
Decision Date: 
Friday, December 23, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed in part and vacated in part.
Justice: 
GORDON

Court granted mother's motion to modify child support, for parties' one minor child, from $100 to $3,000 per month based on father's financial circumstances. Court within its discretion in denying father's request for continuance of hearing, given father's repeated lack of responsiveness to discovery requests and defiance of discovery orders. Court within its discretion in denying father's motion to reopen proofs, as court found father not credible, and only additional evidence would have been father's own testimony, and father was absent on 2nd day of hearing. Court found that it could not determine father's income and thus used section 505(a)(5) to set child support based on child's needs. Court properly ordered father to provide health insurance for child; irrelevant that mother already had insurance policy. Court had authority to order retroactive child support at modified higher amount only starting on date mother filed petition to modify child support. (LAMPKIN and REYES, concurring.)