In Re Marriage of Alexander

596 N.E.2d 1335, 231 Ill. App. 3d 950, 173 Ill. Dec. 456, 1992 Ill. App. LEXIS 1181
CourtAppellate Court of Illinois
DecidedJuly 23, 1992
Docket4-92-0021
StatusPublished
Cited by13 cases

This text of 596 N.E.2d 1335 (In Re Marriage of Alexander) 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
In Re Marriage of Alexander, 596 N.E.2d 1335, 231 Ill. App. 3d 950, 173 Ill. Dec. 456, 1992 Ill. App. LEXIS 1181 (Ill. Ct. App. 1992).

Opinion

JUSTICE LUND

delivered the opinion of the court:

Respondent Ronald Alexander appeals an order of the circuit court of Macon County requiring him to pay one-half of his minor son’s tuition to a parochial high school. We affirm.

Respondent’s marriage to petitioner Patty Alexander was dissolved in 1978. They had one son, Michael, who was two years of age at the time of the divorce. The divorce was heard as a contested matter. Petitioner was awarded custody of Michael. Respondent was ordered to pay the sum of $65 per week for Michael’s partial support. Subsequently, respondent’s child support obligation was raised to $100 per week.

Each party remarried and later divorced. Respondent has a child from his second marriage. Petitioner married a man of the Catholic faith, and she converted to that religion. Michael had been attending parochial school since the fourth grade. In November 1991, respondent filed a petition requesting reduction or abatement of his child support obligation due to a strike against his employer, Caterpillar, Inc. He alleged that his only source of income consisted of $100 per week in strike benefits. A hearing was held on this petition on December 4, 1991. The testimony generally supported respondent’s request for reduction of his child support, and petitioner did not object. The parties agreed that petitioner could present an oral motion to the court at this hearing, asking that, when respondent returns to his employment, he be ordered to pay one-half of Michael’s yearly tuition at St. Theresa’s, a parochial high school.

Petitioner testified in support of her motion. Her approximate net income from her employment was $1,500 per month. Her second ex-husband resides with her and Michael. Michael’s tuition at St. Theresa’s is approximately $1,848 per year. Petitioner testified that she inherited some money from her mother when she died the previous year. She used $32,000 to pay toward the purchase of her home, and she has $25,000 in savings which she intends to use for Michael’s college education. She stated she wanted Michael to go to St. Theresa’s because she believes he will have a better education and be better prepared for college. She bases her opinion on experience with people she knows and works with. She testified that Michael attends church about once a month.

Respondent testified that he would prefer that Michael attend a public high school. When he is working, respondent’s gross weekly income is in excess of $600. He does not believe he has the means to contribute one-half of Michael’s tuition. Respondent testified that petitioner had previously told him it was none of his business where Michael went to school. When asked, respondent did not know who Michael’s teachers were, what his grades had been, or what courses he was taking. He admitted that he had not attended any parent-teacher conferences since Michael was in fourth grade.

At the conclusion of the hearing, the trial court reduced respondent’s child support for the remaining period of his unemployment and ordered respondent to pay one-half of Michael’s yearly tuition at St. Theresa’s when he returns to full-time employment. The court indicated it believed the controlling factors were the lifestyle Michael would have enjoyed had the parties remained married and the ability of both parents to pay the tuition. Respondent now appeals this order.

On appeal, respondent contends this is a case of first impression in the Illinois Appellate Court. He phrases the issue thus:

“[Wjhether, absent a property settlement agreement and divorce judgment which dealt with the issue, or other agreement or ratification by the non-custodial parent, a trial court has the power to order a non-custodial parent to contribute toward tuition costs incurred by the custodial parent who unilaterally decides to send the minor child of the parties to a private (parochial) school.” (Emphasis in original.)

Respondent concedes that unless the court orders otherwise, section 608(a) of the Illinois Marriage and Dissolution of Marriage Act (Act) (Ill. Rev. Stat. 1991, ch. 40, par. 608(a)) authorizes the custodial parent to determine the child’s upbringing, which includes his religious training and education. He also concedes the court’s authority under section 513 of the Act (Ill. Rev. Stat. 1991, ch. 40, par. 513) to order contribution toward educational expenses of a child who has attained majority. However, respondent seeks to draw a distinction between college educational expenses and educational expenses for a minor child, since the latter has access to a public school system. According to respondent, it is logical to authorize courts to order noncustodial parents to help pay their children’s college expenses, as a college education is normally not available to those who cannot pay. However, respondent argues there is less reason to order a noncustodial parent to assist in paying for a minor child’s private school education where public schools are available and no persuasive reasons are given by the custodial parent for sending the child to a private school.

The trial court has wide discretion in awarding child support. (In re Marriage of Sipich (1980), 80 Ill. App. 3d 883, 887, 400 N.E.2d 696, 699.) Modification of a child support award also lies within the sound discretion of the trial court. Its decision will not be reversed by a court of review absent an abuse of discretion. In re Marriage of Bussey (1985), 108 Ill. 2d 286, 296, 483 N.E.2d 1229, 1233; In re Marriage of Erickson (1985), 136 Ill. App. 3d 907, 912, 483 N.E.2d 692, 696.

The source of a court’s authority to order a noncustodial parent to contribute to a minor child’s private school education lies in section 505(a)(2)(d) of the Act, which sets forth the factors which are relevant to a determination of child support. One of those factors is the educational needs of the child. (Ill. Rev. Stat. 1991, ch. 40, par. 505(a)(2)(d).) Were it not anticipated that a court could order a noncustodial parent to contribute to the private school education of a minor child, it would be unnecessary in many cases for a court to consider a child’s educational needs, since public schools typically involve little cost to parents.

Despite this statutory authority, respondent argues that petitioner should not be allowed to unilaterally enroll Michael in parochial school and then require respondent to contribute to his tuition. In support of this argument, he cites Van Nortwick v. Van Nortwick (1967), 87 Ill. App. 2d 55, 230 N.E.2d 391 (Van Nortwick II). The background of that case is set out in the appellate court’s opinion in a prior appeal between the parties in Van Nortwick v. Van Nortwick (1964), 52 Ill. App. 2d 229, 201 N.E.2d 857 (Van Nortwick I). The parties agreed at the time of their divorce that defendant father would pay preparatory school and college expenses for their two minor sons.

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Bluebook (online)
596 N.E.2d 1335, 231 Ill. App. 3d 950, 173 Ill. Dec. 456, 1992 Ill. App. LEXIS 1181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-alexander-illappct-1992.