Mack v. Huckleby

2025 IL App (1st) 250196-U
CourtAppellate Court of Illinois
DecidedDecember 31, 2025
Docket1-25-0196
StatusUnpublished

This text of 2025 IL App (1st) 250196-U (Mack v. Huckleby) 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
Mack v. Huckleby, 2025 IL App (1st) 250196-U (Ill. Ct. App. 2025).

Opinion

2025 IL App (1st) 250196-U SIXTH DIVISION

December 31, 2025

No. 1-25-0196

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________

IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________ ARNETTA N. MACK, ) Appeal from the Circuit Court ) of Cook County. Petitioner-Appellee, ) ) v. ) ) No. 18D650287 KAMERON HUCKLEBY, ) Respondent-Appellant. ) Honorable ) Naomi H. Schuster, ) Judge, presiding.

PRESIDING JUSTICE C.A. WALKER delivered the judgment of the court. Justice Hyman and Justice Pucinski concurred in the judgment.

ORDER

¶1 Held: We affirm the judgment of the circuit court where the court did not abuse its discretion when it granted petitioner-appellee’s motion to strike respondent- appellant’s motion to vacate and dismiss case for child support.

¶2 This appeal arises from a child support proceeding involving respondent Kameron

Huckleby. After acknowledging paternity in 2018, Huckleby became subject to court-ordered child No. 1-25-0196

support, which has been modified and litigated over the years as the case moved between divisions

of the circuit court. In late 2023 and 2024, Huckleby, proceeding pro se, filed multiple motions

seeking parenting time and the dismissal of his child support obligation. Huckleby asserts that

child support is unconstitutional and violates the separation of powers under the Illinois and United

States Constitutions. The circuit court denied those requests and granted the Illinois Department

of Health and Family Services’ (“HFS”) motion to strike Huckleby’s motion to vacate and dismiss

his child support case.

¶3 On appeal, Huckleby challenges the court’s rulings, raising constitutional arguments and

relying on out of state authority. For the following reasons, we affirm.

¶4 I. BACKGROUND

¶5 On May 21, 2018, the Illinois Department of Healthcare and Family Services (“HFS”) filed

a petition to establish the existence of a parent-child relationship, asserting that appellant, Kameron

Huckleby, is the father of K.H. Huckleby entered his appearance on June 4, 2018, and

contemporaneously filed a motion seeking joint custody of K.H. On June 22, 2018, the parties

entered an agreed order of parentage, where Huckleby acknowledged paternity of K.H. and

consented to the entry of a temporary Uniform Order of Support requiring him to pay child support

in the amount of $350.00 per month.

¶6 The circuit court entered a permanent Uniform Order of Support on September 11, 2018.

The court directed Huckleby to pay monthly child support in the amount of $400, along with an

additional $10 per month toward satisfaction of a $400 retroactive support judgment. On October

25, 2019, Huckleby filed a motion seeking a reduction in his child support obligation. The matter

came before the court on December 10, 2019, at which time Huckleby appeared and was heard.

Following the hearing, the court denied the requested relief.

2 No. 1-25-0196

¶7 The matter was transferred from the Sixth Municipal District to the Domestic Relations

Division on May 26, 2023. Subsequently, on October 20, 2023, the court entered an order abating

Huckleby’s child support obligation for the period spanning October 16, 2020, through November

22, 2022, because Huckleby was incarcerated during that time.

¶8 On December 18, 2023, Huckleby filed two motions requesting parenting time— one

seeking the establishment of parenting time and the other requesting a “dismissal of child support,”

asserting that the child support framework is unconstitutional and violates the separation of powers

under both the Illinois and United States Constitutions. On January 19, 2024, the court entered an

order denying both requests.

¶9 On April 26, 2024, the court entered an order determining Huckleby made child support

payments during the previously noted period of incarceration and, on that basis, directed the

October 20, 2023, order abating child support be vacated.

¶ 10 HFS filed a petition to modify child support on May 22, 2014, but the petition was

withdrawn on June 7, 2024, following Huckleby’s failure to appear before the court. The matter

was subsequently transferred on July 2, 2024. On August 2, 2024, Huckleby filed the motion that

is the subject of the present appeal, in which he asked the circuit court to vacate and dismiss” his

child support case and to award additional relief concerning child support previously paid. On

January 7, 2025, the court granted HFS’ motion to strike Huckleby’s motion to vacate and dismiss.

This appeal followed.

¶ 11 II. JURISDICTION

¶ 12 The circuit court granted HFS’ motion to strike Huckleby’s Motion to Vacate and Dismiss

Case on January 7, 2025. Huckleby filed a notice of appeal on February 4, 2025. Accordingly, this

court has jurisdiction pursuant to Illinois Supreme Court Rule 303 (eff. July 1, 2017).

3 No. 1-25-0196

¶ 13 III. ANALYSIS

¶ 14 Before addressing the substance of this appeal, we note that Huckleby’s pro se brief fails to

comply with our supreme court rules in multiple ways. First, the brief lacks an adequate statement

of facts. Supreme Court Rule 341(h)(6) requires the appellant to provide “facts necessary to an

understanding of the case.” Ill. S. Ct. R. 341(h)(6) (eff. Oct. 1, 2020). Here, Huckleby’s brief does

not set forth the facts necessary to permit meaningful review.

¶ 15 Additionally, Huckleby failed to include a proper table of contents, a complete record on

appeal, and a certified copy of the report of proceedings as required by Illinois Supreme Court

Rules 321 and 324. Id. See Ill. S. Ct. R. 321 (eff. Oct. 1, 2021); Ill. S. Ct. R. 324 (eff. July 1, 2017).

Where a verbatim transcript is unavailable, an appellant may submit an appropriate substitute, such

as a bystander’s report or an agreed statement of facts, pursuant to Rule 323. See Ill. S. Ct. R. 323

(eff. July 1, 2017). As the appellant, Huckleby had the burden of providing a sufficiently complete

record on appeal to enable this court to review his contentions of error. Corral v. Mervis Industries,

Inc., 217 Ill. 2d 144, 156 (2005); Foutch v. O’Bryant, 99 Ill. 2d 389, 391-92 (1984). Absent such

a record, we must presume the circuit court’s actions were consistent with the law and supported

by an adequate factual basis. Id. at 392. Any doubts resulting from an incomplete record are

resolved against the appellant. Id.

¶ 16 Supreme court rules are not mere recommendations; they are rules that must be followed.

In re Marriage of Hluska, 2011 IL App (1st) 092636, ¶ 57. It is a well-established principle that a

litigant proceeding pro se must adhere to the same procedural rules as one represented by counsel.

In re Marriage of Winters, 160 Ill. App. 3d 277, 281 (1987).

¶ 17 This court possesses the inherent authority to dismiss an appeal when an appellant’s brief

does not comply with supreme court rules. Epstein v. Galuska, 362 Ill. App. 3d 36, 42 (2005). But

4 No. 1-25-0196

we recognize that striking a brief for noncompliance constitutes a harsh sanction. In re Detention

of Powell, 217 Ill. 2d 123, 132 (2005). Given this appeal involves parental rights and the allocation

of parental responsibilities, we decline to find forfeiture and will address the matter. Parkway Bank

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