Einstein v. Nijim

831 N.E.2d 50, 358 Ill. App. 3d 263, 294 Ill. Dec. 527, 2005 Ill. App. LEXIS 603
CourtAppellate Court of Illinois
DecidedJune 15, 2005
Docket4-04-0766
StatusPublished
Cited by20 cases

This text of 831 N.E.2d 50 (Einstein v. Nijim) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Einstein v. Nijim, 831 N.E.2d 50, 358 Ill. App. 3d 263, 294 Ill. Dec. 527, 2005 Ill. App. LEXIS 603 (Ill. Ct. App. 2005).

Opinions

JUSTICE STEIGMANN

delivered the opinion of the court:

In May 2000, petitioner, Kathryn Einstein, filed a petition requesting that the trial court (1) order respondent, Jason H. Nijim, to pay child support for the parties’ daughter, Jordan Nijim (born June 10, 1995) and (2) set a reasonable visitation schedule for Jason and Jordan. Following a June 2004 hearing, the court ordered, in pertinent part, that Jason pay (1) $1,168.50 in monthly child support, which reflected 20% of Jason’s monthly net income; (2) $7,588.32 for Jordan’s past day-care expenses; (3) one-half of Jordan’s future daycare expenses; (4) $864.13 for Jordan’s past medical expenses; and (5) one-half of Jordan’s future medical expenses. ■

Jason appeals, arguing that the trial court erred by (1) incorrectly calculating his net income, (2) failing to order child support in an amount below the statutory guideline of 20% of Jason’s net income, and (3) ordering him to pay one-half of Jordan’s past day-care and medical expenses and one-half of such future expenses. We disagree and affirm.

I. BACKGROUND

As stated above, in her May 2000 petition, Kathryn requested that the trial court (1) order Jason to pay child support for Jordan and (2) set a reasonable visitation schedule for Jason and Jordan.

From May 2000 until October 2003, the parties conducted discovery, unsuccessfully attempted to reach an agreement as to custody and child support, and individually and jointly were granted several continuances.

In mid-October 2003, the trial court entered a temporary order (1) requiring that Jason pay $1,029.53 in monthly child support and (2) denying Kathryn’s request that Jason pay for one-half of Jordan’s day-care expenses.

In December 2003, the parties entered into a written stipulation that (1) Kathryn would have custody of Jordan and (2) the only unresolved issues involved (a) visitation, (b) child support, and (c) child-support arrearages.

In May 2004, Jason filed a motion requesting that the trial court set his child-support obligation below the statutory guideline. Specifically, he alleged that his and Kathryn’s relative financial resources and needs warranted a downward deviation. (Section 14(a)(1) of the Illinois Parentage Act of 1984 (Parentage Act) (750 ILCS 45/14(a)(l) (West 2000)) specifies that the trial court shall determine child support in accordance with section 505 of the Illinois Marriage and Dissolution of Marriage Act (Dissolution Act) (750 ILCS 5/505 (West 2000)). Sections 505(a)(1) and (a)(2) require that the trial court set the minimum amount of child support for one child at 20% of the noncustodial parent’s net income unless the court finds a reason to deviate from that percentage (750 ILCS 5/505(a)(l), (a)(2) (West 2002)).)

At the June 2004 hearing on the unresolved issues, Jason testified as an adverse witness that he was Jordan’s biological father and had lived with Kathryn, to whom he was never married, and Jordan until early 1996. He currently lived with his wife, Dawn, her son, Christian, and the couple’s 20-month-old daughter, Jennah. Jennah had special medical needs because she was born prematurely and without a properly developed stomach. Jason and Dawn were expecting another child in late June 2004. Dawn was a stay-at-home parent, and she occasionally earned money by baby-sitting. Jason’s May 2004 financial affidavit indicated, in pertinent part, that (1) his monthly gross income currently totaled approximately $6,600, (2) he received a $300 bimonthly automobile allowance from his employer, (3) his monthly expenses totaled just over $5,225, and (4) Jennah’s medical expenses totaled approximately $833 per month. Jason acknowledged that he usually paid Jennah’s doctors no more than $100 per month.

Jason testified on his own behalf that during 2003, his gross income totaled $76,455.50, which included a $10,000 bonus. Although Jason’s annual bonuses were not guaranteed, they were “usually a sure thing.” If the trial court ordered him to pay $1,029 in monthly child support, he would be unable to provide for Jennah’s medical expenses or pay down her outstanding medical debt, which then totaled $13,000.

Kathryn testified that she currently worked for Cingular Wireless as a payroll officer. She had previously worked as a customer-service representative but had recently resigned from that position because it required her to work overtime and she wanted to spend more time with Jordan. Kathryn’s gross income for the years 2000 through 2003 was $35,339, $37,060, $42,120, and $30,779, respectively. Her 2002 gross income included funds from an individual retirement account that she cashed out and a large amount of mandatory-overtime pay. Her 2003 income reflected her decrease in pay since becoming a payroll officer. During 2003, Kathryn could not have managed financially without temporary child support. Even with child support, she still relied on the “[gjenerosity of other people.” Kathryn acknowledged that since late 1999, Jason had paid child support totaling $23,442.46. From 1998 through May 1999, Jason contributed $3,216 toward Jordan’s day-care expenses. Jason stopped contributing money toward day-care expenses in May 1999, and between 2000 and 2003, Kathryn paid day-care expenses totaling $15,176.63. She currently paid $236 in monthly day-care expenses. Since 2000, Kathryn had paid $1,728.28 for Jordan’s uninsured medical expenses. Kathryn’s April 2004 financial affidavit indicated, in pertinent part, that (1) her monthly gross income currently totaled approximately $2,768 and (2) her monthly expenses totaled just over $2,966.

At the end of the hearing, the trial court instructed the parties to file written closing arguments, which they later did. In July 2004, after considering the evidence and the written closing arguments, the court ordered, in pertinent part, that Jason pay (1) $1,168.50 in monthly child support, which reflected 20% of Jason’s monthly net income; (2) $7,588.32 for Jordan’s past day-care expenses; (3) one-half of Jordan’s future day-care expenses; (4) $864.13 for Jordan’s past medical expenses; and (5) one-half of Jordan’s future medical expenses. In determining Jason’s net income, the court rejected Jason’s contention that Jennah’s ongoing medical expenses should be deducted from his income because they constitute “medical expenditures necessary to preserve life or health” under section 505(a)(3)(h) of the Dissolution Act (750 ILCS 5/505(a)(3)(h) (West 2000)). The court determined that section 505(a)(3)(h) applies only to medical expenditures necessary to preserve the life or health of the noncustodial parent whose net income is being calculated.

This appeal followed.

II. ANALYSIS

A. The Trial Court’s Calculation of Jason’s Net Income

1. Deduction for Jennah’s Ongoing Medical Expenses

Jason first argues that the trial court improperly computed his net income by failing to deduct Jennah’s ongoing medical expenses, which totaled approximately $830 per month.

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Einstein v. Nijim
831 N.E.2d 50 (Appellate Court of Illinois, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
831 N.E.2d 50, 358 Ill. App. 3d 263, 294 Ill. Dec. 527, 2005 Ill. App. LEXIS 603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/einstein-v-nijim-illappct-2005.