NOTICE 2023 IL App (4th) 220531-U This Order was filed under FILED Supreme Court Rule 23 and is June 14, 2023 NO. 4-22-0531 not precedent except in the Carla Bender limited circumstances allowed 4th District Appellate under Rule 23(e)(1). IN THE APPELLATE COURT Court, IL
OF ILLINOIS
FOURTH DISTRICT
In re: MARRIAGE OF ) Appeal from the (JEFFREY D. HUFFMAN, ) Circuit Court of Petitioner-Appellant, ) Macoupin County and ) No. 18D117 CATHY L. HUFFMAN, ) Respondent-Appellee). ) Honorable ) Kenneth R. Deihl, ) Judge Presiding.
JUSTICE ZENOFF delivered the judgment of the court. Justices Cavanagh and Knecht concurred in the judgment.
ORDER
¶1 Held: The appellate court vacated the trial court’s denial of child support and remanded the matter because the court failed to make the required written statutory findings to support its judgment.
¶2 Petitioner, Jeffrey D. Huffman, appeals the order of the trial court denying his
petition for child support from respondent, Cathy L. Huffman. The court deviated from the
statutory child support guidelines without making written findings that included the presumed
amount of support as required by sections 505(a)(2) and 505(a)(3.4) of the Illinois Marriage and
Dissolution of Marriage Act (Act) (750 ILCS 5/505(a)(2), (3.4) (West 2020)). Accordingly, we
vacate and remand for proper written findings as required by the Act.
¶3 I. BACKGROUND
¶4 Jeffrey filed for dissolution of marriage in 2019. The parties have one child, C.H.
Initially, the trial court entered a temporary order awarding Jeffrey primary parenting time with C.H. In April 2020, the court dissolved the marriage and awarded Cathy primary parenting time.
The court ordered Jeffrey to pay $548.70 per month in child support. At that time, Jeffrey’s income
consisted of $3272.28 for a nonoccupational disability and $600 to $800 per month for mowing
lawns. He had a retirement account that was credited with monthly contributions of $526.24. The
record does not contain transcripts of most of the hearings in the case. However, the court’s
findings in relation to various orders show there have been multiple contentious proceedings
between the parties, with each alleging various instances of abuse against the other.
¶5 In the order dissolving the marriage, the trial court found Jeffrey claimed stress
from his employment prevented him from working, but he did not produce any medical evidence
to substantiate that claim. The court found Cathy resided with friends because she did not have
adequate funds to obtain her own housing. Before the dissolution, at Jeffrey’s request, Cathy did
not work outside the home. At the time of the dissolution, she was employed, making $16 per hour.
The court found the parties “had a tumultuous marriage,” and the evidence demonstrated “Jeffrey
was verbally and physically cruel to Cathy.” The court found that, in September 2018, “Cathy was
forced to leave the marital residence because of physical abuse by Jeffrey which occurred in front
of [C.H.]” The court also found Jeffrey had interfered with C.H.’s interactions with Cathy since
that time.
¶6 The trial court found Cathy was entitled to maintenance. The court also awarded
Cathy primary parenting time and ordered Jeffrey to pay $548.70 per month in child support.
Jeffrey filed a motion to reconsider. On June 26, 2020, and again in September 2020, the court
entered temporary orders awarding each party week-to-week parenting time, without modifying
the child support amount. The court also appointed a guardian ad litem.
-2- ¶7 In October 2020, Jeffrey filed a “supplemental motion to reconsider judgment of
dissolution of marriage and parenting plan and to reopen proofs,” seeking, in part, reconsideration
of the child support order. Cathy filed a position statement, alleging in part that Jeffrey made
multiple unfounded reports of child abuse against her and her then-boyfriend to law enforcement
and the Illinois Department of Children and Family Services and that Jeffrey interfered with her
parenting time.
¶8 In November 2020, the guardian ad litem reported Jeffrey was eligible for
retirement at the end of the year and did not intend to return to employment. Jeffrey denied abusing
Cathy and alleged that, before they separated, she would leave with C.H., sometimes going out of
state. Jeffrey also made various allegations that Cathy abused or neglected C.H. Cathy was
currently unemployed because she was laid off during the COVID-19 pandemic. She reported that
Jeffrey never paid maintenance or child support. Cathy denied abusing or neglecting C.H. and said
Jeffrey had anger problems. She told the guardian ad litem that, when the parties separated, Jeffrey
did not allow her to see C.H. for eight months. At the time of the interview, she had not seen C.H.
for 30 days because Jeffrey changed his phone number, and she could not reach him.
¶9 C.H. told the guardian ad litem about various problems he encountered at Cathy’s
house, including lack of adequate entertainment and food. He stated he did not like to stay there.
If he had his way, he would see Cathy one day per week. The guardian ad litem noted that Jeffrey
was able to provide enticing entertainment for C.H. and had financial advantages over Cathy that
were partially attributed to his failure to make maintenance and child support payments as ordered
by the trial court. The guardian ad litem stated if Jeffrey made such payments, Cathy’s situation
would be improved, and she might be able to provide more in the way of toys or games for C.H.
-3- or further material comforts. The guardian ad litem did not make a specific recommendation as to
¶ 10 On December 17, 2020, the trial court modified the child support amount, ordering
Jeffrey to pay $455.72 per month. The court denied Jeffrey’s request that Cathy pay him a
retroactive award, stating that, before obtaining employment, Cathy was living with friends who
were also providing most of her food and necessities. After obtaining employment, she needed a
reasonable amount of time to secure a place to live. Meanwhile, Jeffrey remained in the previous
marital residence and had a steady income.
¶ 11 In February 2021, Jeffrey filed a motion to modify the allocation of parenting time,
alleging C.H. reported abuse by Cathy’s boyfriend and C.H. threatened self-harm if required to
stay with Cathy. Cathy also filed a motion seeking the majority of parenting time, alleging various
acts of interference with her parenting time by Jeffrey. The guardian ad litem noted various
problems in both parents’ relationship with C.H. C.H. had not spent time with Cathy since
December 2020, had refused to attend visitation, and expressed a preference to be with Jeffrey.
C.H. had previously hit, kicked, and pushed Cathy during parenting time and was unmoved by
Cathy crying during an interview with the guardian ad litem. C.H. said Cathy lied during the
divorce from Jeffrey but was unable to provide examples. The guardian ad litem ultimately
recommended that Jeffrey be allocated the majority of parenting time but also recommended
counseling, suggesting that the matter be reviewed at a later date to see if Cathy’s parenting time
could be increased. On March 30, 2021, the trial court temporarily awarded Jeffrey the majority
of parenting time. On November 5, 2021, the court awarded Jeffrey the majority of parenting time,
with Cathy awarded visitation every other weekend, every Wednesday evening, and during various
holidays and school breaks. The court reserved the issue of child support.
-4- ¶ 12 On December 9, 2021, Jeffrey filed a petition for child support. The trial court held
a hearing on March 23, 2022. Cathy appeared pro se. Evidence at the hearing showed Cathy
obtained employment around the end of January 2022 and earned $4300 per month. She also
received $670 per month from Jeffrey’s pension. Cathy had not seen C.H. since December 26,
2021. She said no one prevented her from visiting C.H.
¶ 13 Jeffrey testified he received $3908 per month in retirement benefits. $185 per
month was deducted for health insurance for C.H. and $8 for dental insurance. Jeffrey also earned
an average of $333 per month from mowing lawns. Jeffrey identified a child support obligation
worksheet showing his share of support as $466.33 and Cathy’s share as $618.67. Jeffrey stated
C.H. had been living with him full-time since March 2021. He asked that Cathy be ordered to pay
support of $618.67 per month. He also sought support of $150 per month retroactive to March 30,
2021, but he did not provide any specific evidence of Cathy’s income in 2021 or specifically show
how that figure was calculated. He also asked that she be ordered to pay 50% of C.H.’s health and
dental insurance premiums.
¶ 14 Jeffrey testified that, on December 26, 2021, Cathy “told me I got what I wanted”
and “[s]he was done.” When he later asked her if she was going to resume parenting time, she said,
“she wasn’t playing [his] game.” Cathy did not respond to communication from him after that.
Although visitation had not occurred, Jeffrey asked the trial court to order that the pick-up and
drop-off location be changed to a location closer to his home.
¶ 15 Jeffrey admitted he had made only three child support payments and refused to pay
child support since July 2020, when the trial court ordered an equal split in custody. Cathy testified
Jeffrey owed her at least $5000 in support. She expressed frustration with the situation, referred to
Jeffrey as a narcissist, and repeated various abuse allegations against Jeffrey that the court agreed
-5- were not relevant to the child support issue. She also indicated Jeffrey did not allow her to retrieve
personal items from the marital residence or pay her for things he disposed of, in violation of
previous court orders. Cathy told the court Jeffrey had unlimited resources from family and friends
and she did not have the same. She also stated Jeffrey kept C.H. from her. Ultimately, she stated:
“Now, [Jeffrey] has disobeyed this Court and continued to do so. And I was initially
granted custody of my son and I was ecstatic. But that never happened. He kept my
son from me, months on end, and I never did get to keep my son. Never got my son
to live with me. I fought in this court tooth and nail trying to get this taken care of
and it went nowhere. You know, he has kept all of my belongings, gave stuff away,
and it’s never been gave [sic] to me. And I have moved on and I’ve tried moving
on without my son. And it’s the hardest thing to do. But I don’t know what more to
do because I’ve fought and fought and do the right thing and doing the right thing
isn’t good enough anymore. I don’t know, you know, when the judicial system is
finally going to put a stop to him, and I’m afraid that’s going to come with my son
being hurt. [Jeffrey] has got everything he’s wanted. You know, he’s got all my
possessions. He’s finally got my son. And I don’t want—don’t know what more he
wants, you know. ***
***
*** I left permanently because I knew if I didn’t leave I was going to get
hurt where I would never be alive again, and I fear for that for my son. But I don’t
know what more to do. I’ve done all I can do. And it just doesn’t seem like it’s good
enough.”
-6- ¶ 16 The trial court asked Cathy if her intention was not to have any visits with C.H.
Cathy replied, “my son is my world. But [Jeffrey] uses him against me at all aspects.” The court
repeated the question, and she said, “[a]s much as it hurts, Your Honor, no.” The court took the
matter under advisement.
¶ 17 The trial court entered a docket entry making findings of fact. In it, the court stated
it considered “all the evidence presented, the credibility of the witnesses, including their demeanor
and manner of testifying, the exhibits that were received into evidence, stipulations, arguments,
applicable case law and statutory law, and the relevant portions of the [Act].” The court noted it
had presided over the entire dissolution proceeding from its inception and had heard numerous
orders of protection brought by both parties.
¶ 18 The trial court stated Cathy was a stay-at-home mother at Jeffrey’s insistence and
left once she decided living with Jeffrey was too mentally and physically risky. She was then
homeless and jobless for a lengthy period and relied on friends to get by. The court found that,
during the marriage and until recently, Jeffrey was employed but felt his job was too stressful and
subsequently retired. Cathy was recently employed. The court did not provide a calculation of
presumed support but stated each party’s income and noted the amount each was seeking.
¶ 19 The trial court described the matter as “a high-conflict case,” stating, “[t]he parties
have a toxic relationship. In sum, the parties loathe each other.” The court found C.H. “suffers
greatly because of their behavior.” The court found that the parties shared the blame for that. The
court described Jeffrey as “overbearing, controlling, vengeful, and emotionally charged,” and it
described Cathy as a person who could be “vengeful but is more often passive, fragile, and can be
emotionally insecure at times.” The court then wrote:
-7- “During the marriage the family resided in a house owned solely by Jeffrey
that he brought into the marriage. He did not want Cathy to work during the
marriage. Until recently, Jeffrey worked. Now, he is retired. Until recently, Cathy
didn’t work [and] after leaving home, was homeless for a period. Now, she is
employed. Her earnings are higher than Jeffrey’s pension. At all times Jeffery [sic]
has demanded that their son live with him. Jeffrey is presently the primary custodial
parent. Child exchanges throughout this case haven’t gone well. Cathy hasn’t seen
her son since 12/26/21. Jeffrey has consistently presented as a narcissist and there
are some indications that he is responsible for parental alienation. Now it’s to [the]
point that Cathy wants to stay clear of their child because of the mental and physical
stress caused by Jeffrey’s conduct. Jeffrey conversely testified that on several
occasions he took their son to the exchange place and Cathy didn’t show up. Now
he wants her to pay child support. During these proceedings, Jeffrey has come
across as a bully who is manipulative—one who made it so miserable for Cathy
that she chose to leave him. Jeffrey has obstructed Cathy at nearly every turn. She
isn’t strong enough to stand up to his antics. Their personalities are a bad mix. He
has had a house since before the marriage, Cathy had to rely on friends for a place
to live for a period after the separation. Now he demands child support at a time
when Cathy has been at her first good job since they married. She’s been on this
new job for less than 4 months. Conversely, Cathy reminded the court that there
were times when she had their son and he refused to pay court-ordered child
support. He countered that they had gone to a 50-50 parenting arrangement and
shouldn’t have to pay her for that period. She asked for $5,000 being the
-8- approximate amount that she believes he owes her for unpaid child support. By her
own choosing, Cathy isn’t currently exercising her parental rights. She fears
exercising them isn’t healthy for her and her son. She says it’s Jeffrey’s overbearing
narcissistic personality that’s the reason for her choosing. He says their son is closer
to him, and that the son is afraid of Cathy’s partner. She says it’s parental alienation.
Obviously, parents blaming each other never makes for a healthy family
relationship. Perhaps she’s right in a sense. Maybe she is the unselfish one. Perhaps
she and the son are better off not seeing each other for now. Jeffrey’s brute
personality hasn’t changed during these proceedings. Try as [it] might, the Court
can admonish parents, but it can’t change parents’ personalities. Certainly, the child
shouldn’t be placed in the continuous panic of witnessing his parents[’] fights at
these exchanges. If the one fundamental goal here is to determine what’s best for
their son, and it’s obvious the parties can’t or won’t have a healthy relationship that
fosters what’s best for their son, then, for now, let son live with his father, and the
mother have no pecuniary responsibilities for supporting her son. For the next two
years, it will give the mother time to get better financially grounded. If however
mother changes her mind sooner, and petitions the court for parenting time, then
father can also petition for child support.”
¶ 20 The trial court then invoked the child support guidelines, stating:
“For good shown and after careful consideration of the child support
guidelines set forth in 750 ILCS 5/505(a)(1) and the deviation of guidelines as set
forth in 750 ILCS 5/505(a)(3.4) and 750 ILCS 5/505(a)(2), the Court (A) vacates
the previous child support order, (B) denies Jeffrey’s request for child support
-9- including retroactive support and 50/50 reimbursements, (C) renders moot the issue
of child exchange location, and (D) denies Cathy’s request for $5,000 from Jeffrey.
Child support and parenting issues can be reheard after two years or upon
substantial change is [sic] circumstances.”
¶ 21 The trial court entered a written order denying both Jeffrey’s request that Cathy be
ordered to pay support and Cathy’s request for $5000 in support she claimed she was owed. The
written order did not include the factual findings from the docket entry. The court found the issue
of the pick-up and drop-off location moot and held support and parenting issues could be reheard
after two years or upon a substantial change in circumstances.
¶ 22 This appeal followed.
¶ 23 II. ANALYSIS
¶ 24 On appeal, Jeffrey contends the trial court erred by refusing to award him support.
He argues the court showed personal bias against him and failed to find a proper basis for deviating
from the child support guidelines.
¶ 25 We note that Cathy did not file a brief with this court in response to Jeffrey’s claims.
In First Capitol Mortgage Corp. v. Talandis Construction Corp., 63 Ill. 2d 128, 133 (1976), our
supreme court set forth three distinct discretionary options a reviewing court may exercise in the
absence of an appellee’s brief: (1) it may serve as an advocate for the appellee and decide the case
when the court determines justice so requires; (2) it may decide the merits of the case if the record
is simple and the issues can be easily decided without the aid of the appellee’s brief; or (3) it may
reverse the trial court when the appellant’s brief demonstrates prima facie reversible error that is
supported by the record. Thomas v. Koe, 395 Ill. App. 3d 570, 577 (2009) (citing Talandis
- 10 - Construction Corp., 63 Ill. 2d at 133). Here, the record is simple and we can decide the issues
easily without the aid of an appellee’s brief.
¶ 26 Section 505(a)(2) of the Act states that “[t]he court shall determine child support in
each case by applying the child support guidelines unless the court makes a finding that application
of the guidelines would be inappropriate, after considering the best interests of the child and
evidence which shows relevant factors[,] including, but not limited to”: (1) the child’s financial
resources and needs, (2) the parents’ financial resources and needs, (3) the standard of living the
child would have enjoyed absent a dissolution of marriage, and (4) the child’s physical and
emotional condition and educational needs. 750 ILCS 5/505(a)(2) (West 2020).
¶ 27 Section 505(a)(3.4) of the Act provides further guidance on the issue of deviation
from statutory child support guidelines as follows:
“In any action to establish or modify child support, whether pursuant to a
temporary or final administrative or court order, the child support guidelines shall
be used as a rebuttable presumption for the establishment or modification of the
amount of child support. The court may deviate from the child support guidelines
if the application would be inequitable, unjust, or inappropriate. Any deviation from
the guidelines shall be accompanied by written findings by the court specifying the
reasons for the deviation and the presumed amount under the child support
guidelines without a deviation. These reasons may include:
(A) extraordinary medical expenditures necessary to preserve the life or
health of a party or a child of either or both of the parties;
(B) additional expenses incurred for a child subject to the child support
order who has special medical, physical, or developmental needs; and
- 11 - (C) any other factor the court determines should be applied upon a finding
that the application of the child support guidelines would be inappropriate, after
considering the best interest of the child.” Id. § 505(a)(3.4).
¶ 28 “[B]ecause the court calculates child support based on each parent’s income and
determines each parent’s support obligation, ‘[b]oth parents have the financial responsibility to
support a minor child.’ ” Vance v. Joyner, 2019 IL App (4th) 190136, ¶ 54 (quoting In re Marriage
of Maczko, 263 Ill. App. 3d 991, 994 (1992)). Thus, there is a rebuttable presumption that child
support should be awarded according to the guidelines. See In re Marriage of Tworek, 2017 IL
App (3d) 160188, ¶ 23. The parent seeking a deviation from the child support guidelines has the
burden of producing evidence justifying the deviation. Id. ¶ 22. We review modification of child
support payments for an abuse of discretion. In re Marriage of Bussey, 108 Ill. 2d 286, 296, (1985).
¶ 29 “While a trial court may deviate from the guidelines when justice so requires or
depart from them when the application of the guidelines would be inappropriate, a deviation is
intended to be an extraordinary measure distinct from a parent’s status as a recipient or obligor.”
Vance, 2019 IL App (4th) 190136, ¶ 57. Compelling reasons must exist to overcome the
presumption that the child support guidelines are appropriate and permit the court to deviate from
the guidelines. In re Marriage of Stanley, 279 Ill. App. 3d 1083, 1085 (1996). “[T]he statute’s
plain language provides no basis, without a proper deviation, for treating the income of a child
support recipient differently from a child support payor’s income.” Vance, 2019 IL App (4th)
190136, ¶ 57.
¶ 30 “While the Act enables courts to consider a particular parent’s ability to pay through
an assessment of the parent’s income, the Act itself does not create or divide parents generally by
economic class.” Id. ¶ 58. “Instead, even when one parent has the ability to solely provide for a
- 12 - child, both parents owe a duty to support their child.” Id. “This is not to suggest courts cannot or
should not consider each parent’s financial resources or ability to pay, but to apply such
considerations to the parties’ child support obligation, the courts must make a proper deviation.”
Id.
¶ 31 For example, exceptional circumstances compelling enough to justify a deviation
from the guidelines may arise when the noncustodial parent’s resources are very limited or
applying the guidelines would create a windfall for the custodial parent. Stanley, 279 Ill. App. 3d
at 1086. The Act requires that a court making a deviation must make “ ‘written findings ***
specifying the reasons for the deviation and the presumed amount under the child support
guidelines without a deviation.’ ” Vance, 2019 IL App (4th) 190136, ¶ 56 (quoting 750 ILCS
5/505(a)(3.4) (West 2018)).
¶ 32 Here, the trial court, in its docket entry, asserted that it considered sections
505(a)(1), 505(a)(2), and 505(a)(3.4) of the Act, which pertain to the guidelines and deviations
therefrom. However, the court did not further connect the specific statutory considerations to its
factual findings. The court’s findings suggest it may have deviated from the guidelines because
Cathy was newly employed, payment of child support could be a hardship for her, and Jeffrey was
financially able to provide for C.H. Thus, although the court did not expressly articulate those facts
as a basis for deviating from the guidelines, there is some support in the record for a deviation.
However, the court’s findings also appeared to incorrectly assume that Cathy was not required to
pay support when she was not exercising her visitation rights with C.H., with the court stating it
would revisit the issue if she decided to resume visitation. Further, the court appeared to determine
that Cathy still needed time to become “financially grounded,” even though there was no evidence
to that effect. Jeffrey alleges the record shows bias against him on the part of the trial court. We
- 13 - disagree that the record shows a specific personal bias against Jeffrey. Instead, the court recognized
evidence showing issues with both parties, and the court understandably expressed frustration. It
appears the court was attempting to reach what it viewed as an equitable solution under difficult
circumstances. But in doing so, the court failed to specifically connect its factual findings to its
determination that no award of support was warranted under the requirements of the Act.
¶ 33 The law is clear that both parties owe a duty of support, with the burden on Cathy
to produce evidence justifying any deviation. The trial court did not include in its order the
presumed amount of Cathy’s child support obligation without the deviation. Providing that
calculation and making specific findings in relation to the presumed amount of support would have
clarified the court’s findings, satisfied the requirements of the Act, and made the order conducive
to appellate review. The failure to provide the presumed amount of support constitutes an abuse of
discretion. See id. ¶ 67. Accordingly, we vacate the court’s order denying Jeffrey’s request for
child support.
¶ 34 Jeffrey asks that we remand with instructions for the trial court to order Cathy to
pay $618.87 per month as child support and insurance contributions of $110.05 per month,
retroactive to March 30, 2021. However, as previously noted, the record contains evidence to
support a finding that a deviation may be appropriate. Further, the record contains evidence Jeffrey
was in arrears on his own past support obligations. He also sought retroactive support without fully
providing evidence to justify the amount he requested. Just as the court’s failure to make the proper
findings should not result in a windfall for Cathy, it should also not result in a windfall for Jeffrey.
Accordingly, we remand with directions for the court to make written findings in compliance with
the Act, expressly justifying the decision to deviate from the child support guidelines. Those
findings should include a calculation of the presumed amount of support.
- 14 - ¶ 35 III. CONCLUSION
¶ 36 For the reasons stated we vacate the trial court’s judgment and remand for specific
written findings consistent with the mandate of the Act.
¶ 37 Order vacated; cause remanded with directions.
- 15 -