In Re Marriage of Cianchetti

815 N.E.2d 17, 351 Ill. App. 3d 832, 286 Ill. Dec. 807, 2004 Ill. App. LEXIS 976
CourtAppellate Court of Illinois
DecidedAugust 19, 2004
Docket3-03-0518
StatusPublished
Cited by7 cases

This text of 815 N.E.2d 17 (In Re Marriage of Cianchetti) 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 Cianchetti, 815 N.E.2d 17, 351 Ill. App. 3d 832, 286 Ill. Dec. 807, 2004 Ill. App. LEXIS 976 (Ill. Ct. App. 2004).

Opinion

JUSTICE McDADE

delivered the opinion of the court:

In this case from the circuit court of Will County, the petitioner, Mario Cianchetti, appeals from an order requiring him to pay 50% of the tuition and fees necessary to send his two daughters to private college in Chicago. He argues that the amount, in excess of $15,000, is more than he can afford and that it was an abuse of discretion for the court to impose the requirement. He also argues that the court erred in preventing him from presenting the testimony of Daniel Kriedler, an alleged expert in college expenses and education financing. For the reasons that follow, we affirm.

BACKGROUND

The Cianchettis were divorced in 1988. At the time, Mario was awarded custody of the two daughters of the marriage, Echo and Felicia. The children lived with Mario until they were seniors in high school, when they moved out of his home and moved in with their mother, Darlene Martin.

Although the children were educated in public school through their grade school years, when they were old enough, Mario enrolled them in Marian Catholic High School.

Mario’s expenses/income affidavit reveals that he nets $4,123.09 per month, with expenses of $4,248.53, leaving him with a deficit of $125.44. This calculation does not include the $7,400 tax refund Mario received in 2002, which is equal to $616 a month in additional income for that year.

The Cianchetti daughters intend to attend Columbia College in Chicago. Echo has already begun her schooling at Columbia, and studies theatre, while Felicia intends to study dance. Both programs offer internships and other opportunities for participation in the arts community of Chicago. Other schools in the area do not offer similar programs. Echo had already completed one year at Columbia prior to the ruling in this case, although it is unclear how she paid the tuition.

Annual tuition at Columbia is $13,914 for each of the girls. Books, supplies and fees bring the total cost for Columbia to approximately $15,000 per year. This amount does not include room and board. The sisters intend to live together in Chicago and will pay for housing and other living expenses through their own savings. In 2002, Echo earned approximately $14,373, and she has savings of around $2,200. Both girls have around $1,800 each in bonds.

Darlene Martin has an income of approximately $42,000 a year, móst of which she uses to pay for incidental expenses related to the girls, like shopping trips and vacations. In addition, her new husband, Kevin Martin, nets roughly $140,000 per year.

Mario had attempted to call Daniel Kriedler as an expert witness at the hearing on the matter. Mr. Kriedler would have testified about other educational programs available to the girls and would have discussed educational costs and alternative methods of funding the expenses. The trial court rejected the evidence, stating that it was not relevant, since Kriedler had not done comparisons with other programs substantially similar to that offered at Columbia College. Following the hearing, the trial court found that Mario could afford to pay half of the combined tuition of both girls to Columbia College and set the amount at $15,000 a year.

ANALYSIS

A trial court’s decision to award educational expenses will be overturned only if it is against the manifest weight of the evidence. In re Marriage of Hillebrand, 258 Ill. App. 3d 835, 840-41, 630 N.E.2d 518, 522 (1994). A decision is against the manifest weight of the evidence when the opposite conclusion is clearly evident or where it is unreasonable, arbitrary or not based on the evidence. Maple v. Gustafson, 151 Ill. 2d 445, 454, 603 N.E.2d 508, 512-13 (1992).

Section 513 of the Illinois Marriage and Dissolution of Marriage Act authorizes the trial court to order a parent to pay for the educational expenses of a child of majority age. 750 ILCS 5/513(a) (West 2002). In making the decision whether to order the payment of educational expenses, the court should consider all “reasonable and necessary” factors, including: (1) the financial resources of both parents; (2) the standard of living the child would have enjoyed had the marriage not been dissolved; (3) the resources of the child; and (4) the child’s academic performance. 750 ILCS 5/513(b) (West 2002).

The petitioner first alleges that he is not in a financial position to pay the tuition. A party should not be required to pay more for a child’s college tuition than he can afford. In re Support of Pearson, 111 Ill. 2d 545, 552, 490 N.E.2d 1274, 1277 (1986).

Mario’s financial affidavit alleges that, at the rate at which he currently spends money, he finds himself in deficit of approximately $120 at the end of each month. The affidavit does not factor in Mario’s 2002 tax refund of $7,400, which effectively increased Mario’s monthly income for one year by around $616. In any event, Mario does not have much more than $500 of disposable income per month, or $6,000 per year. Darlene argues that since Mario could afford to send his daughters to private high school, he should be able to send them to a private college. Mario asserts that he mortgaged his house, following the failure of his business, to pay the approximately $12,000 Marian Catholic tuition for the girls. That money would not be available for future tuition payments.

Darlene, on the other hand, makes $42,000 per year, most of which is disposable income. Her husband is a commercial pilot and makes around $140,000 per year. Although Darlene’s new husband is not obligated to pay for her children’s tuition, and his income should not be used to determine her ability to pay tuition, it is properly used to examine the extent to which her income can be freed through reliance on her husband for support. Street v. Street, 325 Ill. App. 3d 108, 114 758 N.E.2d 887, 891-92 (2001). Darlene’s husband, Kevin Martin, makes a substantial amount of money as a pilot and is able to provide Darlene with significant support. In fact, Mario alleges that Kevin’s support is so significant that it allows Darlene to spend most of her income on shopping trips, cheerleading camps, cellular phone bills, and other discretionary expenses for the girls. Darlene’s brief does not dispute the allegation. In all, it appears that Darlene can afford to pay a significant portion of the tuition expenses of the children.

It is not clear whether the children would have enjoyed a standard of living sufficiently affluent to afford the tuition at Columbia College had their parents remained married. The mother now makes about $42,000 per year, while the father makes around $75,000. Darlene’s income is deceptively low, however, since she can rely on her new husband’s income for her support.

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815 N.E.2d 17, 351 Ill. App. 3d 832, 286 Ill. Dec. 807, 2004 Ill. App. LEXIS 976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-cianchetti-illappct-2004.