In re Marriage of Benink

Illinois Appellate Court
Civil Court
Child Support
Citation
Case Number: 
2018 IL App (2d) 170175
Decision Date: 
Saturday, February 3, 2018
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Affirmed as modified in part and reversed in part; remanded with directions.
Justice: 
SCHOSTOK

(Modified upon denial of rehearing 3/13/18.) Dispute over amount of modified child support. owed. Court erred by applying 20% threshold repeatedly in calculating husband's child support obligation. The 20% threshold does not apply as neither party was receiving child support enforcement services under Public Aid Code. Once court found that in 2013 there had been a substantial change in circumstances, the issue of whether a modification should be granted was resolved. Court should have calculated amount of child support due during the 3 years since modification petitions were filed.As parties filed their petitions for modification of judgment of dissolution long before new Marriage and Dissolution of Marriage Act took effect, the new Act did not apply to proceedings on those petitions. Husband failed to provide necessary "valid excuse" for noncompliance with court's order to provide wife with yearly financial statement and to pay as child support the 40% of his bonus payments, and thus court's ruling denying wife's request for finding of contempt and for attorney's fees is reversed.(JORGENSEN and SPENCE, concurring)