In re Marriage of Gabriel

Illinois Appellate Court
Civil Court
Dissolution of Marriage
Case Number: 
2020 IL App (1st) 182710
Decision Date: 
Sunday, April 5, 2020
1st Dist.
Cook Co., 4th Div.
Affirmed in part and reversed in part; remanded with directions.

In dissolution of marriage proceeding, court entered 2-year order of protection against husband as to wife. Court did not abuse its discretion in concluding that wife was entitled to maintenance based on her historical earnings and earning capacity in comparison to husband's, standard of living during marriage, and wife's needs. Court properly calculated husband's income for maintenance and child support purposes by using the average of his 2016 and 2017 income. Court miscalculated husband's guideline support obligation as to the 2 children of the parties. Court failed to account for the amount of maintenance it ordered husband to pay to wife. In failing to include the amount of maintenance in wife's income or subtract it from husband's income, court attributed too large a share of the parties' combined net income to husband and thus overstated his percentage share of the parties' combined basic child support obligation. Remanded for recalculation of husband's obligation and reconsider whether a deviation from guidelines is appropriate. (GORDON and REYES, concurring.)