In re Marriage of Edelman

2015 IL App (2d) 140847
Procedural entryThis page is a short order in In re Marriage of Edelman. Read the opinion of the Court — 2015 IL App (2d) 140847
Appellate Court of Illinois·Decided August 14, 2015·No. 2-14-0847·Unpublished

Opinion

2015 IL App (2d) 140847 No. 2-14-0847 Opinion filed May 21, 2015 Modified upon denial of rehearing August 14, 2015 ______________________________________________________________________________

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT ______________________________________________________________________________

In re MARRIAGE OF ) Appeal from the Circuit Court MELISSA EDELMAN, ) of Lake County. ) Petitioner-Appellant, ) ) and ) No. 10-D-1400 ) ) Honorable JOHN F. PRESTON, ) Veronica M. O’Malley and ) Elizabeth M. Rochford, Respondent-Appellee. ) Judges, Presiding. ______________________________________________________________________________

PRESIDING JUSTICE SCHOSTOK delivered the judgment of the court, with opinion. Justices Jorgensen and Birkett concurred in the judgment and opinion.

OPINION

¶1 In 2010, the circuit court of Lake County entered an agreed order enrolling a foreign

judgment—the Connecticut judgment for dissolution of marriage between the petitioner, Melissa

Edelman, and the respondent, John Preston—in Lake County. In 2013, Melissa filed petitions

under Illinois law for contribution to college expenses, to increase child support, and to establish

adult child support. The trial court dismissed the petitions on the basis that, under the federal

Full Faith and Credit for Child Support Orders Act (Full Faith and Credit Act) (28 U.S.C.

§ 1738B (2006)), Connecticut law governed any proceedings related to the judgment, and the

petitions sought relief that was not available under Connecticut law. Melissa appealed, arguing 2015 IL App (2d) 140847

that the Full Faith and Credit Act did not bar her from seeking relief under Illinois law. We

affirm in part, reverse in part, and remand.

¶2 I. BACKGROUND

¶3 The parties married in 1990 and were divorced in 2002. At the time of the divorce, the

parties and their two minor children lived in Connecticut. A judgment of dissolution that

incorporated a marital settlement agreement was entered by a Connecticut court on May 16,

2002. Pursuant to the marital settlement agreement, the parties shared joint legal custody of the

children and Melissa had primary residential custody of the children. The agreement provided

that each party would pay the other $1 per year in child support and $1 per year in alimony.

¶4 In 2003, Melissa (who remarried) and the children moved to Illinois. In August 2004, a

Connecticut court entered an order modifying the judgment of dissolution. The order required

John to pay child support of $188 per week to Melissa, and to pay 25% of the children’s medical

expenses that were not covered by insurance. (Henceforth, we will refer to the judgment of

dissolution, as modified in 2004, as the “Connecticut judgment.”)

¶5 In 2008, John also moved to Illinois. In July 2010, Melissa filed a petition in the Lake

County circuit court to enroll the Connecticut judgment “in order to modify and/or enforce” that

judgment in Illinois. At the same time, she filed a petition for a rule to show cause why John

should not be held in contempt for failure to pay child support and over $18,000 of medical

expenses not covered by insurance. John was served with the petition and filed an appearance.

¶6 On August 31, 2010, John filed a motion seeking to compel Melissa to cooperate in

having the children participate in John’s remarriage ceremony. That same date, the trial court

entered an agreed order. The agreed order granted Melissa’s petition to enroll the Connecticut

judgment in Lake County; provided that the children would attend John’s wedding; and set a

briefing schedule and hearing date on Melissa’s petition for a rule to show cause. In December

-2- 2015 IL App (2d) 140847

2010, the trial court found John in indirect civil contempt for failing to pay child support and

uncovered medical expenses, and issued a rule to show cause. John filed a response. At some

point in late 2010 or 2011, John moved to Florida. After delays caused by the withdrawal of

various attorneys, in October 2011 the trial court entered an order finding that John had purged

himself of contempt by paying Melissa over $21,000 in open court.

¶7 On May 22, 2013, Melissa filed another petition for a rule to show cause for failure to

pay child support and uncovered medical expenses. That same day, she also filed a petition

seeking John’s contribution to college expenses pursuant to section 513(a)(2) of the Illinois

Marriage and Dissolution of Marriage Act (Marriage Act) (750 ILCS 5/513(a)(2) (West 2012)).

On June 11, 2013, John filed responses to these petitions. He also filed a motion to dismiss the

latter petition pursuant to Illinois’s version of the Uniform Interstate Family Support Act (Family

Support Act) (750 ILCS 22/101 et seq. (West 2012)), arguing that Melissa could not seek college

expenses, because Connecticut law applied to matters arising from the Connecticut judgment and

Connecticut did not have a college contribution statute that would apply to him. Finally, John

filed a petition to decrease his child support pursuant to sections 505 and 510 of the Marriage

Act (750 ILCS 5/505, 510 (West 2012)).

¶8 On July 24, 2013, Melissa filed another petition, seeking to increase child support under

sections 505 and 510 of the Marriage Act, and to establish adult child support under section

513(a)(1), on the basis that the older child was disabled.

¶9 On July 26, 2013, the trial court granted John’s motion to dismiss Melissa’s petition for

contribution to college expenses. The trial court began by finding that the Connecticut judgment

had been properly enrolled by the parties and that the court had personal and subject matter

jurisdiction. It further found that, through the parties’ prior agreement, Illinois had authority to

modify the Connecticut judgment as to child support. Accordingly, the key issue was whether

-3- 2015 IL App (2d) 140847

Illinois or Connecticut law should be applied to Melissa’s petition for contribution toward

college expenses. The trial court found that subsection (h)(2) of the Full Faith and Credit Act

(28 U.S.C. § 1738B(h)(2) (2006)) required it to apply the law of Connecticut in any proceeding

seeking the modification of the Connecticut judgment. It further found that Connecticut first

enacted a statute permitting parents to seek contribution to college expenses in 2002, and that

statute (Conn. Gen. Stat. § 46b-56c (2011)) by its terms applied only to marital settlement

agreements entered after October 1, 2002. The judgment in the parties’ divorce had been issued

before that, in May 2002. Thus, the trial court reasoned, Melissa could not seek educational

expenses under Connecticut law, and it could not order such relief.

¶ 10 Melissa moved for reconsideration, raising a host of arguments. On January 29, 2014,

the trial court entered an order denying her motion. The trial court’s ruling essentially reiterated

its previous reasoning.

¶ 11 Melissa filed a notice of appeal, but we dismissed that appeal, finding that we lacked

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