Record shows that parties to divorce specifically contemplated an increase in both of their earnings following the divorce. The existence of an agreed order stating that wife would immediately retain a career placement service so she could evaluate and seek gainful employment shows that parties contemplated a change in wife's employment status beyond part-time which she had during marriage. The true-up provision in the MSA shows that parties contemplated that husband's earnings could exceed the salary he was earning at time of divorce. Thus, court erred in finding that the increase in their respective earnings constituted a substantial change in circumstances justifying modification of husband's child support obligation. (LAVIN and COBBS, concurring.)
Illinois Appellate Court
Civil Court
Child Support