In Re Marriage of Thurmond

715 N.E.2d 814, 306 Ill. App. 3d 828, 240 Ill. Dec. 127, 1999 Ill. App. LEXIS 570
CourtAppellate Court of Illinois
DecidedAugust 11, 1999
Docket2-98-0867
StatusPublished
Cited by10 cases

This text of 715 N.E.2d 814 (In Re Marriage of Thurmond) 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 Thurmond, 715 N.E.2d 814, 306 Ill. App. 3d 828, 240 Ill. Dec. 127, 1999 Ill. App. LEXIS 570 (Ill. Ct. App. 1999).

Opinions

JUSTICE COLWELL

delivered the opinion of the court:

Respondent, John William Thurmond, appeals from an order of the circuit court of Winnebago County requiring him to pay (1) $136 per week in support for his 20-year old son, Alexander C. Thurmond (Alex); and (2) 70% of Alex’s college tuition and fees. For the reasons that follow, we reverse and remand with directions.

FACTS

Petitioner, Margaret Rose Thurmond, and respondent were married on August 20, 1971. Three children were born of the marriage, namely, John Jr., Vanessa, and Alex. On March 25, 1994, the circuit court of Winnebago County entered a judgment of dissolution of marriage. At that time, Alex was the parties’ only minor child. Under the terms of the judgment, petitioner was awarded custody of Alex, and respondent was ordered to pay petitioner $150 per week in maintenance and $136 per week in child support.

On February 27, 1996, respondent filed a pro se motion to terminate maintenance and child support payments. Subsequently, respondent retained counsel. On January 13, 1997, respondent filed a petition to vacate child support and to terminate maintenance. The petition noted that Alex turned 18 years old on April 6, 1995, and that he graduated from high school on June 1, 1996. The petition prayed for a termination of maintenance on the ground that petitioner failed to make a good-faith effort to rehabilitate herself.

On April 3, 1997, petitioner filed a petition for post-high school support. The petition requested financial support from respondent for Alex’s postsecondary education. The petition alleged that Alex suffers from “educational and learning disabilities.” The petition also alleged that petitioner did not have sufficient funds to enroll Alex in an institution of higher education and requested financial assistance from respondent to assist Alex in his postsecondary educational endeavors.

A hearing on the parties’ motions was held on April 7, 1997. At the hearing, petitioner testified that Alex is a “slow learner” with an IQ of 89, which she described as “bordering on below average.” Petitioner admitted that Alex was not eligible for Social Security disability benefits because neither the State of Illinois nor the State of Wisconsin would declare Alex disabled. Petitioner testified that her income ranged from $7,000 in 1994 to $11,000 in 1996.

According to petitioner, she and Alex had researched schools that have learning assistance programs for their students. They located one school in Colorado and one school in Utah. Petitioner also noted that Alex’s composite score on the ACT college entrance examination was 16. Petitioner admitted that Alex finished high school in four years and that during his last year of high school, with the exception of one grade of “C,” Alex received all “A”s and “B”s. Petitioner testified that at the time of the hearing Alex was enrolled in a technical college, where he was taking classes in sign language and computers.

Respondent testified that his take-home pay after child support and maintenance is withheld is $391.92 per week. Respondent also stated that he would not have “any problem contributing toward [his] son’s education” but that he would like to be informed as to where Alex is enrolled and the classes that Alex is taking. Respondent also testified that he has no health insurance through his employer, no retirement funds, and no savings.

On February 6, 1998, the trial court entered an order (1) requiring respondent to continue paying child support for Alex in the amount of $136 per week; (2) directing respondent to pay 70% ($2,975) of Alex’s college tuition and fees for the 1997-98 school year at the rate of $99 per week and 70% of Alex’s college tuition and fees for the 1998-99 academic year; (3) reserving the issue of maintenance; and (4) ordering respondent to pay past-due child support subject to a credit for the overpayment of maintenance. The order also required Alex to apply any earnings from his employment towards his personal living and college expenses and to provide respondent with information about his progress at college.

On March 3, 1998, respondent filed a motion for clarification and for reconsideration of the February 6, 1998, order. The motion sought clarification as to the findings made by the court regarding (1) respondent’s and petitioner’s ability to assist Alex in paying his college tuition and fees; (2) Alex’s ability to pay his college tuition and fees; (3) respondent’s obligation to continue paying child support; and (4) the fact that, pursuant to a separate order, respondent was required to pay $200 a month for Vanessa’s past college tuition and fees. The motion sought reconsideration on the grounds that there was no basis to support the continuation of child support payments for Alex. In addition, respondent challenged that portion of the order requiring him to pay 70% of Alex’s college tuition and fees for the 1997-98 and 1998-99 academic years.

On June 9, 1998, the trial court entered an order denying respondent’s motion for reconsideration. In addition, the court pointed out that despite a court order of April 7, 1997, requesting respondent to produce financial information, respondent produced only “limited information” in chambers, along with two of his pay stubs. It was this information that the court considered in ruling upon Alex’s educational expenses. The court also noted that it considered respondent’s monthly income and the parties’ relative ability to contribute to Alex’s educational expenses. The court observed that it relied upon the testimony of petitioner as to Alex’s impairment and that petitioner’s testimony was uncontradicted. Finally, the court stated that it would reconsider that portion of its order requiring respondent to contribute 70% of Alex’s educational expenses for the 1998-99 academic year if respondent timely submitted to the court for its review his tax returns and W-2 forms for the years 1994 through 1997.

Respondent appeals from the trial court’s February 6, 1998, and' June 9, 1998, orders, contending (1) he is not obligated to pay nonminor support for Alex because Alex is not disabled pursuant to section 513(a)(1) of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/513(a)(l) (West 1996)); and (2) the trial court abused its discretion in ordering him to contribute 70% of Alex’s educational expenses pursuant to section 513(a)(2) of the Act (750 ILCS 5/513(a)(2) (West 1996)).

ANALYSIS

I

The first issue for our review is whether the trial court erred in determining that respondent was responsible for nonminor support for Alex on the ground that Alex was disabled pursuant to section 513(a)(1) of the Act.

Initially, we reject respondent’s contention that this issue is one of statutory construction and requires us to conduct a de novo review. A trial court has broad discretion in determining the necessity for and the amount of child support, and its decision will not be set aside unless the trial court abused its discretion or its order is contrary to the manifest weight of the evidence. In re Marriage of Winters, 160 Ill. App. 3d 277, 285 (1987). We note that in In re Marriage of Kennedy, 170 Ill. App.

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Bluebook (online)
715 N.E.2d 814, 306 Ill. App. 3d 828, 240 Ill. Dec. 127, 1999 Ill. App. LEXIS 570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-thurmond-illappct-1999.