In re Marriage of Isom

2025 IL App (3d) 240491-U
CourtAppellate Court of Illinois
DecidedJune 16, 2025
Docket3-24-0491
StatusUnpublished

This text of 2025 IL App (3d) 240491-U (In re Marriage of Isom) 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 Isom, 2025 IL App (3d) 240491-U (Ill. Ct. App. 2025).

Opinion

NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).

2025 IL App (3d) 240491-U

Order filed June 16, 2025 ____________________________________________________________________________ IN THE

APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

In re MARRIAGE OF ) Appeal from the Circuit Court ) of the 12th Judicial Circuit, ANGELA ISOM, ) Will County, Illinois. ) Petitioner-Appellee, ) ) Appeal No. 3-24-0491 and ) Circuit No. 22-DC-552 ) GBOLAHAN KAREEM, ) ) The Honorable Respondent-Appellant. ) Joan Meyers, ) Judge, presiding. ____________________________________________________________________________

JUSTICE ANDERSON delivered the judgment of the court. Presiding Justice Brennan and Justice Hettel concurred in the judgment. ____________________________________________________________________________

ORDER

¶1 Held: The appellant’s brief and the appellate record are insufficient to establish that the circuit court abused its discretion in denying a motion for reduction in child support based on a substantial change in circumstances when the United States Citizenship and Immigration Services (CIS) declined to renew a work authorization.

¶2 The parties, Angela Isom and Gbolahan Kareem, were married in 2019 and had a child. At

the time of the marriage, Gbolahan had an immigrant visa and was authorized to work. After the

marriage, Gbolahan applied to become a permanent resident of the United States, but his application was denied. Angela subsequently filed a petition for dissolution, and Gbolahan was

ordered to pay child support.

¶3 Gbolahan filed a motion to reduce his child support payments, alleging a substantial change

in circumstances because his permanent residency application had been denied and his work

authorization had expired. Gbolahan appeals from the denial of that motion, and we affirm.

¶4 I. BACKGROUND

¶5 The parties were married in April 2019 and had a child in 2020. At the time of the marriage,

Angela was a United States citizen, and Gbolahan was in the U.S. on an immigrant visa and

corresponding work authorization. After the marriage, Gbolahan applied to become a permanent

United States resident, but his application was denied in February 2022. Angela filed a petition for

dissolution in July 2022, and Gbolahan was ordered to pay child support.

¶6 The trial court set child support of $518 per month in January 2023. Angela subsequently

filed a motion to impute income against Gbolahan, alleging that he was willfully underemployed

because he quit a higher paying job after learning of the support order. Gbolahan failed to appear

at the April 2023 hearing on the motion, and the court found that he was willfully underemployed,

imputing his income at $87,360 per year. The trial court also raised Gbolahan’s support payments

to $909 per month. Gbolahan filed two motions to reduce his support payments, but both were

stricken as insufficient. In September 2023, Gbolahan’s child support payments were raised to

$1,109 per month to include his support arrearages.

¶7 Angela and Gbolahan voluntarily entered into a marital settlement agreement (MSA) in

December 2023. The MSA resolved issues of maintenance, parental responsibilities, support,

insurance and educational support for their child. The MSA was “made a part of this Judgment for

Dissolution of Marriage; and all of the provisions of said Agreement are expressly ratified,

2 confirmed, approved and adopted as the orders of this Court to the same extent and with the same

force and effect as if said provisions were in this paragraph set forth verbatim as the Judgment of

this Court ***.” Under Article III of the MSA, Gbolahan agreed to continue paying child support

in the sum of $909 per month.

¶8 After the entry of the dissolution order, Gbolahan again filed a motion to reduce his child

support payments. He argued that, because his work authorization had expired and would not be

renewed, he was forced to take lower paying jobs and could no longer afford the $909 he had been

ordered to pay. His motion failed to state his earnings or potential earnings, either with or without

the work authorization, or to attach any documents sent to him by the United States Citizenship

and Immigration Services (CIS). In Angela’s response to the motion, however, she attached two

letters from the CIS, which were admitted into evidence.

¶9 The circuit court held a hearing, inter alia, on Gbolahan’s motion to reduce payments on

July 12, 2024. At the conclusion of that hearing, the court entered an order, reciting “[f]or the

reasons stated of record, [Gbolahan’s] change in circumstances is found NOT to be involuntary

and, therefore, [his] motion to modify child support is denied.” Gbolahan filed a timely notice of

appeal from that order.

¶ 10 II. ANALYSIS

¶ 11 On appeal, Gbolahan argues that the trial court erred in denying his motion to reduce child

support. The standard of review applied to a ruling on a motion seeking modification of support

due to a substantial change of circumstances depends on the nature of the trial court’s underlying

findings. If the trial court found no substantial change in circumstances, we examine whether that

factual finding was against the manifest weight of the evidence. In re Marriage of Wengielnik,

2020 IL App (3d) 180533, ¶ 12. If, however, the trial court found that a substantial change of

3 circumstances had occurred, we review its granting or denial of the motion for an abuse of

discretion. Id.

¶ 12 Here, the trial court’s order acknowledged a change in Gbolahan’s circumstances but stated

that the change was voluntary, resulting in the denial of his motion to reduce support. Accordingly,

we analyze the order using the abuse of discretion standard of review. An abuse of discretion

occurs when the trial court’s decision is arbitrary or fanciful or would not be adopted by any

reasonable person. Brown v. Illinois State Police, 2021 IL 126153, ¶ 49.

¶ 13 As the appellant, Gbolahan has the burden of supporting his claim with a sufficiently

complete trial record. Foutch v. O’Bryant, 99 Ill. 2d 389, 391 (1984). Without a sufficient record

on appeal, we must presume that the trial court’s order conformed to the law and was sufficiently

supported by the facts. Id. at 392. Any doubts arising from the insufficiency of the record must be

construed against the appellant (id.), and we may not review any challenge to the trial court’s

factual findings or the basis for its legal conclusions without an appropriate bystanders report or

report of proceedings (Corral v. Mervis Industries, Inc., 217 Ill. 2d 144, 156 (2005)).

¶ 14 Here, Gbolahan was notified that, as the appellant, he was required to file a report of

proceedings, bystander’s report, or agreed statement of facts from the July hearing. None of those

documents appear in the appellate record, however, although Angela refers to a grossly deficient

bystander’s report that allegedly contained numerous misrepresentations. As a result, we know

nothing about what occurred at the July 12, 2024, hearing on the motion to reduce child support

except what is stated in the trial court’s brief order and Gbolahan’s claims of error.

¶ 15 In addition, Gbolahan’s appellate brief mentions only two case decisions, both of which

are incorrectly cited. The first, In re Marriage of Zells, cited at 138 Ill.

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Related

In Re NB
730 N.E.2d 1086 (Illinois Supreme Court, 2000)
Foutch v. O'BRYANT
459 N.E.2d 958 (Illinois Supreme Court, 1984)
In Re Marriage of Zells
572 N.E.2d 944 (Illinois Supreme Court, 1991)
Corral v. Mervis Industries, Inc.
839 N.E.2d 524 (Illinois Supreme Court, 2005)
Moy v. Ng
864 N.E.2d 752 (Appellate Court of Illinois, 2007)
Titus v. Alaeddin
2018 IL App (3d) 170400 (Appellate Court of Illinois, 2019)
In re Marriage of Wengielnik
2020 IL App (3d) 180533 (Appellate Court of Illinois, 2020)
Brown v. Illinois State Police
2021 IL 126153 (Illinois Supreme Court, 2021)

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Bluebook (online)
2025 IL App (3d) 240491-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-isom-illappct-2025.