In re Marriage of Kavchak

2018 IL App (2d) 170853, 107 N.E.3d 287
CourtAppellate Court of Illinois
DecidedMay 15, 2018
Docket2-17-0853
StatusUnpublished
Cited by23 cases

This text of 2018 IL App (2d) 170853 (In re Marriage of Kavchak) 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 Kavchak, 2018 IL App (2d) 170853, 107 N.E.3d 287 (Ill. Ct. App. 2018).

Opinion

PRESIDING JUSTICE HUDSON delivered the judgment of the court, with opinion.

¶ 1 Petitioner, Greg Kavchak, appeals from the judgment of the circuit court of Du Page County granting the motion of respondent, Alicia Kavchak, to relocate the parties' minor daughter, S.K., to North Carolina. On appeal, petitioner raises two principal issues. First, he contends that the trial court's relocation order is against the manifest weight of the evidence. Second, he argues that the trial court erred in sua sponte ordering that S.K. be enrolled in a private school in North Carolina. We affirm.

¶ 2 I. BACKGROUND

¶ 3 Petitioner and respondent married on August 26, 2006. S.K., the only child of the marriage, was born on February 25, 2011. Petitioner filed a petition for dissolution of marriage on January 20, 2016. On February 16, 2016, respondent filed a response to petitioner's petition for dissolution of marriage and a counterpetition for dissolution of marriage. In both documents, respondent sought leave of court to relocate with S.K. to North Carolina. On July 25, 2016, respondent filed a notice of intent to relocate. The trial court declined to address the relocation issue in conjunction with the dissolution proceeding, finding that "relocation is another topic for another day."

¶ 4 On February 24, 2017, the trial court entered a judgment of dissolution of marriage and a parental-allocation judgment. The allocation judgment provided in relevant part that it was in S.K.'s best interests "for each party to be equally involved in significant decision-making for the minor child of the parties." As such, the allocation judgment required the parties to "consult with one another on significant issues prior to a decision being made" in the areas of education, health, religion, and extracurricular activities. In addition, the allocation judgment divided the parties' parenting time based on a two-week schedule. During the first week, petitioner's parenting time began on Wednesday at 5 p.m. and continued through Sunday at 5 p.m. During the second week, petitioner's parenting time began on Wednesday at 5 p.m. and continued through Friday at 5 p.m. The allocation judgment further provided that each party have three nonconsecutive weeks of parenting time during S.K.'s summer break, alternate parenting time on major holidays and S.K.'s birthday, and equal time during S.K.'s spring and winter breaks.

¶ 5 On March 3, 2017, respondent filed a motion for relocation, pursuant to section 609.2 of the Illinois Marriage and Dissolution of Marriage Act (Act) ( 750 ILCS 5/609.2 (West 2016) ). In the motion, respondent requested permission to relocate with S.K. to North Carolina. Respondent's motion provided in relevant part as follows. Respondent left her job at the University of Illinois at Chicago (UIC) and began working for High Point University in High Point, North Carolina, on June 1, 2016. Respondent's annual salary at High Point University is $87,000. Respondent currently works out of her home in Illinois, developing a curriculum, completing research activities, and working on a Ph.D. However, if respondent wants to keep her position at High Point University, she had to relocate to North Carolina by the fall of 2017. Respondent argued that the relocation is in S.K.'s best interests because (1) respondent's position in North Carolina would "enable [respondent] to be present when [S.K.] goes to school in the morning and when she comes home," (2) respondent's employer would pay for her to get her Ph.D., (3) S.K. would attend a "top-rated" private school, and (4) respondent's mother, Shirley Emerson, would join her and S.K. to assist in caring for S.K. On March 31, 2017, petitioner filed a response to the motion for relocation. On May 26, 2017, petitioner filed a petition to determine S.K.'s school enrollment. A hearing on respondent's motion for relocation and petitioner's petition to determine school enrollment began on June 27, 2017, and concluded on August 7, 2017. At that hearing, the parties agreed to incorporate the evidence from the dissolution proceeding. The evidence from the hearing established as follows.

¶ 6 Petitioner and respondent both grew up in Illinois. Petitioner's mother, Paula Kavchak, resides in Chicago. Petitioner's father and sister live in Florida. Emerson lives in Springfield. Respondent's father is deceased. Respondent has one sister, who resides in Ohio.

¶ 7 When the parties first married, they lived in Chicago. In January 2013, after S.K. was born, the parties moved into a 1700-square-foot, three-bedroom home with a yard, in downtown Downers Grove. The parties resided together in the marital home until March 2017, when respondent moved into an apartment in Woodridge. Respondent's apartment in Woodridge has two bedrooms and measures about 1000 square feet. Respondent signed a four-month lease for the apartment. The lease was to expire on July 17, 2017, but has a month-to-month option. Petitioner remained in the marital home until June 2017, when it was sold. He then began renting a house in Downers Grove, six houses south of the marital home. Petitioner's rental house is 1600 square feet and has three bedrooms, two bathrooms, a basement, and a yard.

¶ 8 For the past 17 years, petitioner has been employed by Hendrickson International, a company that makes truck components. Petitioner works as a business analyst in the finance department. He earns $119,000 per year. His position is in Woodridge. Petitioner testified that, since S.K. was born, he has asked his employer at various times to modify his work schedule in light of his parenting obligations and his employer has always accommodated his requests. From when S.K. was 12 weeks old until August 2016, she attended KinderCare in Willowbrook. Petitioner took S.K. to KinderCare and picked her up most days. In August 2016, S.K. started kindergarten at Hillcrest Elementary School in Downers Grove.

¶ 9 Respondent is a physical therapist. She has a bachelor's degree in biology from Illinois Wesleyan University. In addition, she earned a master's degree in physical therapy in 2000 from the University of Indianapolis, a second master's degree in rehabilitation science in 2011 from UIC, and a doctorate in physical therapy in 2014 from Governors State University. Respondent is also a board-certified orthopedic specialist and a fellow of the American Academy of Orthopedic Manual Physical Therapists. From 2008 until May 19, 2016, respondent worked at UIC. Respondent classified her job title at UIC as a "specialist in physical therapy." Her primary function involved clinical work, but she also engaged in teaching and conducting research. Between 2013 and 2015, respondent's salary at UIC ranged between $85,000 and $86,137. Respondent testified that UIC waived the tuition for her master's degree in rehabilitation science and paid a portion of her tuition for her doctorate in physical therapy. Respondent noted that UIC offers a tuition reimbursement program whereby it pays half of the tuition for an employee's child to attend one of eight state universities in Illinois.

¶ 10 Respondent's commute from Downers Grove to UIC was between 60 and 75 minutes, but her schedule was flexible. From the time in 2011 when she returned to work after S.K. was born until the family moved to Downers Grove in January 2013, respondent worked three 12-hour days per week plus one Saturday each month. From January 2013 through February 2015, respondent worked from 7 a.m. to 7 p.m. on Mondays and from 7:30 a.m. to 5 p.m. on Tuesdays, Wednesdays, and Thursdays.

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Bluebook (online)
2018 IL App (2d) 170853, 107 N.E.3d 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-kavchak-illappct-2018.