In Re Marriage of Keown

587 N.E.2d 644, 225 Ill. App. 3d 808, 167 Ill. Dec. 375, 1992 Ill. App. LEXIS 228
CourtAppellate Court of Illinois
DecidedFebruary 20, 1992
Docket4-91-0465
StatusPublished
Cited by22 cases

This text of 587 N.E.2d 644 (In Re Marriage of Keown) 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 Keown, 587 N.E.2d 644, 225 Ill. App. 3d 808, 167 Ill. Dec. 375, 1992 Ill. App. LEXIS 228 (Ill. Ct. App. 1992).

Opinion

JUSTICE McCULLOUGH

delivered the opinion of the court:

This is an appeal by the respondent, Cynthia Ann Wright, f/k/a Cynthia Ann Keown, from an order of the circuit court of Coles County modifying child custody and support. The issue on review is whether the child support modification order is an abuse of discretion.

Petitioner Brian Dale Keown, Sr., married respondent on June 23, 1973. On July 10, 1986, the parties’ marriage was dissolved. Following the second part of the bifurcated hearings, the trial court resolved the remaining issues by order filed August 14, 1986. As a result of this order, respondent was awarded custody of the parties’ three minor children, Brian, Jr., born December 20, 1973; Sara, born November 2, 1976; and Brandon, born September 20, 1980. Petitioner was to pay 32% of his net income, being $588.52 per month, as and for child support.

On October 21, 1987, petitioner filed a petition to reduce child support alleging that Brian, Jr., was then residing with him. In an order filed December 8, 1987, the petitioner’s child support payment was reduced to $454.38, 25% of his net monthly salary. Petitioner was also ordered to pay 25% of his annual bonus as child support. In the event Brian, Jr., resumed living with respondent, the child support payment was to increase to 32% of petitioner’s net income.

In July and August 1990, both parties petitioned to modify the earlier order. Respondent alleged Brian, Jr., had resumed living with her and the child support should be increased to 32% of petitioner’s net income. Petitioner alleged that, although Brian, Jr., had resumed living with respondent, Sara had commenced residing with him. He further alleged that respondent had moved and now resided in Scottsdale, Arizona.

On May 30, 1991, following a hearing and consideration of written arguments of counsel, the trial court issued an order acknowledging and accepting the agreement of the parties that they were to have joint custody of the children, with petitioner serving as the residential custodial parent of Brian, Jr., and Sara and respondent serving as the residential custodial parent of Brandon. Each party was ordered to pay one-half of the costs of medical insurance coverage and all unreimbursed medical, dental, pharmaceutical, and related expenses. Each party was ordered to bear the support of the child or children residing with such party and would have the sole and exclusive right to list such child or children as dependents on Federal and State income-tax returns.

The order set forth the specific findings of the trial court which were the bases of the order. The findings supporting the child support portion of the order are as follows:

“(2) That Original Petitioner is the assistant manager at Justrite Manufacturing Company, lives in Charleston, Illinois, and has a net income of $33,470.00.
(3) That Original Respondent is a homemaker and resides with her present husband in Scottsdale, Arizona, and is not pursuing her profession as a dental hygienist. She is the joint owner with her husband of real estate in Champaign County, Illinois, from which rental income is received. Her financial disclosure and joint income tax returns indicate that she is more affluent than Petitioner. It should be noted that the greater part of her asset base was acquired as a result of the intermarriage with her present husband.
* * *
(5) That Original Petitioner and Original Respondent should each bear one-half (½) of the costs of medical insurance, and each of the parties should also share equally all medical, dental, pharmaceutical and related unreimbursed expenses.
(6) That the Court has considered various methods which could be utilized to compute child support. There are several formulas, any of which could be justified herein. Counsel, by means of their Memoranda, have suggested that each party should pay support to the other. Original Petitioner, as an employee, has a definite income which is readily ascertainable. On the other hand, Original Respondent, who would represent she is unemployed, but whom this Court believes is self-employed, has an income not subject to accurate ascertainment. The Court has also considered the living standards, home situations and assets of the parties hereto, and finds the circumstances of the Original Respondent to be superior to those of the Original Petitioner in each of these aspects. Therefore, the Court deviates from the provisions of Paragraph 505 of the Marriage and Dissolution of Marriage Act of the State of Illinois based on the financial resources and needs of each of the non-custodial parents herein. The Court finds that each party to this proceeding should bear the expense of support of that child or children residing with such party. The Court specifically finds that, considering the economic circumstances of each non-residential parent, that this provision as to support is proper and equitable. The Court finds that each of the homes will contain two minor children, Original Respondent having the presence of a second child of Original Respondent’s present spouse. The income level of each home is sufficient to provide for a family of four. Any transfer of support would not alter the lifestyle nor serve to meet costs of necessities of any of the children.”

The guidelines set forth in section 505 of the Illinois Marriage and Dissolution of Marriage Act are to be considered by the trial court in determining child support. (Ill. Rev. Stat. 1989, ch. 40, par. 505.) The guidelines “shall be applied in each case unless the court, after considering evidence presented on all relevant factors, finds a reason for deviating from the guidelines.” (Ill. Rev. Stat. 1989, ch. 40, par. 505(a)(2).) The failure to strictly comply with the guidelines is appropriate in split custody cases. Here there are three children, whose parents are equally responsible for their support. Petitioner has physical custody of two children, the respondent physical custody of one. A strict mathematical application of the guidelines where there is split custody of the children is not contemplated by the statute.

In determining child support, the relevant factors to be considered are the child’s financial resources, the financial resources and needs of the custodial parent, the standard of living the child would have enjoyed had the parents been married, the physical, emotional, and educational needs of the child, and the financial resources and needs of the noncustodial parent. (Ill. Rev. Stat. 1989, ch. 40, par. 505(a)(2).) In the absence of an abuse of discretion, the trial court’s order modifying child support will not be overturned on review. In re Marriage of Bussey (1985), 108 Ill. 2d 286, 296, 483 N.E.2d 1229, 1233; In re Marriage of Stockton (1988), 169 Ill. App. 3d 318, 326, 523 N.E.2d 573, 579; see also In re Marriage of Bush (1989), 191 111. App. 3d 249, 260, 547 N.E.2d 590, 596, quoting In re Marriage of Adams (1988), 174 Ill. App. 3d 595, 617,

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Bluebook (online)
587 N.E.2d 644, 225 Ill. App. 3d 808, 167 Ill. Dec. 375, 1992 Ill. App. LEXIS 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-keown-illappct-1992.