Babcock v. Martinez

857 N.E.2d 911, 368 Ill. App. 3d 130, 306 Ill. Dec. 512, 2006 Ill. App. LEXIS 1010
Appellate Court of Illinois·Decided October 23, 2006·No. 4-05-0662·Published·Cited by 8 cases

Opinion

JUSTICE APPLETON

delivered the opinion of the court:

As part of a marital settlement agreement, respondent, Ricardo Martinez, agreed to allow petitioner, Linda Babcock, to have custody of their children and to pay a percentage of his net monthly income as child support. The settlement agreement was incorporated into the final judgment of dissolution entered in Cook County, Illinois, in 1987. Two months later, Ricardo moved to the state of Kansas. In 1988, Linda sought enforcement of the support order pursuant to the Revised Uniform Reciprocal Enforcement of Support Act (RURESA) (Illc Rev. Stat. 1987, ch. 40, par. 1201 et seq.). In April 1988, the Kansas court entered an order, ordering Ricardo to pay $200 per month as child support. In May 1988, the Kansas court increased the monthly support amount to $300. The support payments were automatically deducted from Ricardo’s pay.

Sixteen years later, in January 2004, Linda filed a petition to increase child support and for payment on arrearages. The trial court held that the Kansas support order did not supersede or modify the original Illinois judgment, and as such, Ricardo had fallen into arrearages in the payment of support in the amount of $92,159.91. He appeals from that order. Because we find the doctrine of equitable estoppel prevented Linda from collecting the arrearage, we reverse the court’s order and remand for further proceedings.

I. BACKGROUND

Linda and Ricardo were married in Macon County, Illinois, in 1984. They had one son, Ricardo, Jr. (date of birth January 19, 1985). On June 25, 1987, a judgment of dissolution of marriage was entered in Cook County. Linda was pregnant at the time of the dissolution and later, on October 18, 1987, gave birth to the parties’ second son, Steven. In August 1987, Ricardo moved to Kansas.

On October 29, 2003, Linda filed a petition for registration of the Cook County judgment of dissolution. A copy of the judgment was attached to Linda’s petition. The final judgment incorporated a written settlement agreement that awarded custody of the children to Linda subject to Ricardo’s visitation rights of “reasonable frequency and for reasonable periods of time.” According to the settlement agreement, Linda was represented by counsel and Ricardo was not. The agreement specified that Ricardo was to pay Linda maintenance in “a sum equal to 5% of his net income” for two years or until Linda secured full-time employment, whichever occurred first.

Ricardo was to also pay Linda child support in an amount equal to 30% of his net income, “to be increased by 5% for each additional child born to [Linda] as a result of the marriage.” Ricardo was to pay all of the children’s medical and dental expenses and maintain “such employer-sponsored group health insurance as may be available” and maintain life insurance with the children as beneficiaries. Ricardo was to “pay all educational expenses of the minor children” as well as “all attorney’s fees and costs of this action.”

On January 6, 2004, the Illinois Department of Public Aid, on Linda’s behalf, filed a (1) petition to increase Ricardo’s child-support obligation due to Ricardo, Jr.’s enrollment in college. Linda also requested that child support be designated as a fixed amount rather than as a percentage of Ricardo’s net income. Linda also filed a petition to establish payment on Ricardo’s child-support arrearage.

On March 30, 2004, Ricardo filed a request to admit, asking Linda to admit or deny the genuineness of certain documents attached to the request. The attached documents included what appeared to be payment records of a history of Ricardo’s child support as maintained by a child support enforcement agency in Leavenworth, Kansas. Also included in the attached documents was an order dated May 2, 1988, entered by a district judge in Leavenworth, ordering Ricardo to pay $300 per month in child support for both children. We discern from the record that the Kansas order was the result of a 1988 motion filed by Linda in Macon County case No. 88 — F—137, requesting Kansas’s assistance in enforcing the Cook County judgment.

On April 1, 2004, Ricardo filed a response to Linda’s petitions, claiming (1) the Cook County judgment that ordered him to pay a percentage of his net income to Linda as child support was invalid, and (2) Macon County should not “reassume” jurisdiction of Linda’s petition to modify because the Kansas court’s order already modified the Cook County judgment and was being enforced pursuant to RURESA.

On April 12, 2004, Ricardo filed another request to admit listing the amount of child support he claimed was due and the amounts he had paid during specified time frames. Linda did not respond to either request to admit.

On April 26, 2004, Ricardo filed a motion for partial summary judgment, claiming that, based upon the undisputed facts, Ricardo was not in arrears as a matter of law and, in fact, had paid more than the amount of support due.

On June 4, 2004, on Ricardo’s motion, the trial court consolidated Macon County case Nos. 88 — F—137 and 87 — F—1042 with the current case. The significance of those cases will be discussed below.

On June 18, 2004, the State filed a petition to collect maintenance arrearages, claiming Ricardo had not paid maintenance pursuant to the Cook County judgment in the amount of 5% of his net income for the two years following the entry of the final judgment.

On July 14, 2004, Linda filed a motion for summary judgment arguing the Kansas support order did not modify the Cook County judgment and thus Ricardo had a child-support arrearage. On July 27, 2004, Linda filed a petition seeking reimbursement from Ricardo for Ricardo, Jr.’s educational expenses.

On August 30, 2004, the trial court conducted a hearing on the parties’ cross-motions for summary judgment, reserving argument on Linda’s motion for educational support until November 9, 2004. Ricardo argued that the provisions of the Cook County judgment (specifying his child-support obligation as a percentage and not a fixed amount) did not “correspond with the guidelines in any way.” According to Ricardo’s motion, in 1987, without registering the Cook County judgment, Linda brought an action in Macon County (No. 87 — F— 1042). As a result of that action, a Leavenworth County, Kansas, case was commenced (No. 88 — R—101) as a reciprocal support action pursuant to RURESA. In April 1988, the Kansas court, after finding that it had jurisdiction over the parties and the subject matter, ordered Ricardo pay $200 per month in child support. That Kansas order involved Ricardo, Jr., only.

In 1988, Linda brought another action in Macon County (No. 88— F — 137) again seeking child support, but this time for both children. In May 1988, the Kansas court ordered Ricardo to pay $300 per month as support for both children. The payments were deducted automatically from Ricardo’s pay for almost 17 years. Thereafter, Linda filed the current 2003 action seeking registration and enforcement of the Cook County judgment. Ricardo argued that the “first legitimate order in this case was the Kansas order” because, according to Ricardo, Illinois prohibits the designation of child support as a percentage.

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Babcock v. Martinez, 857 N.E.2d 911, 368 Ill. App. 3d 130, 306 Ill. Dec. 512, 2006 Ill. App. LEXIS 1010 (Ill. Ct. App. 2006).

857 N.E.2d 911 (Babcock v. Martinez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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