JANSSEN BY JANSSEN v. Turner

685 N.E.2d 16, 292 Ill. App. 3d 219, 226 Ill. Dec. 202, 1997 Ill. App. LEXIS 625
CourtAppellate Court of Illinois
DecidedSeptember 9, 1997
Docket4-96-0922
StatusPublished
Cited by35 cases

This text of 685 N.E.2d 16 (JANSSEN BY JANSSEN v. Turner) 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
JANSSEN BY JANSSEN v. Turner, 685 N.E.2d 16, 292 Ill. App. 3d 219, 226 Ill. Dec. 202, 1997 Ill. App. LEXIS 625 (Ill. Ct. App. 1997).

Opinion

JUSTICE McCULLOUGH

delivered the opinion of the court:

In this paternity action, respondent father Garry Turner (respondent) appeals from the judgment of the circuit court of McLean County. The action was commenced by Mary K. Janssen, the mother of Jennifer Marie Janssen (born May 2, 1991) on October 4, 1993. This court entertained an earlier appeal relating to visitation. In re the Parentage of Janssen, 282 Ill. App. 3d 1118 (1996) (unpublished order under Supreme Court Rule 23). The issues in this appeal are whether the trial court erred by (1) awarding retroactive child support to the date of birth; (2) setting the amount of current child support; (3) ordering respondent to pay all of petitioner’s attorney fees; (4) directing respondent to provide life insurance on his life for the benefit of Jennifer; (5) directing respondent to pay for dependent medical insurance obtained by petitioner; and (6) directing respondent to pay for petitioner’s pregnancy and delivery expenses. No issue is raised concerning the child’s parentage. We affirm.

With regard to the issue of retroactive child support, respondent makes two arguments: (1) the relevant statute requires child support to be made retroactive only to the date of service of summons, not to the date of the child’s birth; and (2) the awarding of retroactive child support to the date of birth in this case was an abuse of discretion or was against the manifest weight of the evidence. The trial court’s order of October 10, 1996, directed respondent to pay child support at the rate of $1,500 per month, with support being retroactive to May 2, 1991. A judgment for retroactive child support was entered in the amount of $62,645, representing retroactive child support at $1,500 per month less a credit for $36,910 for child support payments made by respondent through October 1996. Respondent has waived any argument relating to any discrepancy in these calculations by failing to raise that issue on appeal.

Section 14(b) of the Illinois Parentage Act of 1984 (Parentage Act) provides as follows:

"The court shall order all child support payments, determined in accordance with such guidelines, to commence with the date summons is served. The level of current periodic support payments shall not be reduced because of payments set for the period prior to the date of entry of the support order. The Court may order any child support payments to be made for a period prior to the commencement of the action. In determining whether and the extent to which the payments shall be made for any prior period, the court shall consider all relevant facts, including the factors for determining the amount of support specified in the Illinois Marriage and Dissolution of Marriage Act [(Marriage Act) (750 ILCS 5/101 et seq. (West 1994))] and other equitable factors including but not limited to:

(1) The father’s prior knowledge of the fact and circumstances of the child’s birth.

(2) The father’s prior willingness or refusal to help raise or support the child.

(3) The extent to which the mother or the public agency bringing the action previously informed the father of the child’s needs or attempted to seek or require his help in raising or supporting the child.

(4) The reasons the mother or the public agency did not file the action earlier.

(5) The extent to which the father would be prejudiced by the delay in bringing the action.

For purposes of determining the amount of child support to be paid for any period before the date the order for current child support is entered, there is a rebuttable presumption that the father’s net income for the prior period was the same as his net income at the time the order for current child support is entered.” 750 ILCS 45/14(b) (West 1994).

Respondent’s argument is, in essence, a request for this court to construe the statute.

"The cardinal rule of statutory construction is to ascertain and give effect to the true intent and meaning of the legislature. State Farm Fire & Casualty Co. v. Yapejian, 152 Ill. 2d 533, 540-41, 605 N.E.2d 539, 542 (1992). The language of the statute is the best indicator of that intent, and aids for construing a statute will only be resorted to if the language of the statute is not clear. Solich v. George & Anna Portes Cancer Prevention Center of Chicago, Inc., 158 Ill. 2d 76, 81, 630 N.E.2d 820, 822 (1994).” Randall v. WalMart Stores, Inc., 284 Ill. App. 3d 970, 972, 673 N.E.2d 452, 454-55 (1996).

Respondent does not contend the statute is ambiguous. Instead, he seems to argue that the first sentence of section 14(b) of the Parentage Act controls the remainder of the quoted portion of the statute. To hold as respondent suggests would ignore virtually the entire subsection and lead to an absurd result.

The language of section 14(b) indicates the legislature contemplated two categories of retroactive child support, both based on the guidelines referred to in section 14(a) of the Parentage Act (750 ILCS 45/14(a) (West 1994)) (referring to sections 505 and 505.2 of the Marriage Act (750 ILCS 5/505, 505.2 (West Supp. 1995) (text of section 505 eff. July 1, 1996))). The first sentence of section 14(b) of the Parentage Act states that child support "shall *** commence with the date summons is served.” 750 ILCS 45/14(b) (West 1994). This is the type of child support "arrearage” briefly discussed by this court in People ex rel. Stockwill v. Keller, 251 Ill. App. 3d 796, 800-01, 623 N.E.2d 816, 819-20 (1993). Under this provision, the trial court must make the child support retroactive at least to the date of service of summons. However, section 14(b) of the Parentage Act also allows for retroactive child support for a period prior to the commencement of the paternity action. Such an award rests within the discretion of the trial court, and child support, retroactive to the birth of the child, "may” be awarded. See Carnes v. Dressen, 215 Ill. App. 3d 166, 171-72, 574 N.E.2d 845, 848 (1991). Therefore, in this case, the award of child support retroactive to the child’s birth was not violative of section 14(b) of the Parentage Act.

In light of the presumption in section 14(b) that respondent’s income for the prior period was the same as his current income and the trial court’s finding that child support should be set at $1,500 per month currently and retroactively, the issue of whether the trial court erred in setting retroactive child support is interrelated with the determination of the propriety of the current support award.

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Cite This Page — Counsel Stack

Bluebook (online)
685 N.E.2d 16, 292 Ill. App. 3d 219, 226 Ill. Dec. 202, 1997 Ill. App. LEXIS 625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/janssen-by-janssen-v-turner-illappct-1997.