Milligan v. Cange

558 N.E.2d 630, 200 Ill. App. 3d 284, 146 Ill. Dec. 667, 1990 Ill. App. LEXIS 1097
CourtAppellate Court of Illinois
DecidedJuly 26, 1990
Docket4-89-0659
StatusPublished
Cited by11 cases

This text of 558 N.E.2d 630 (Milligan v. Cange) 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
Milligan v. Cange, 558 N.E.2d 630, 200 Ill. App. 3d 284, 146 Ill. Dec. 667, 1990 Ill. App. LEXIS 1097 (Ill. Ct. App. 1990).

Opinion

JUSTICE LUND

delivered the opinion of the court:

This appeal arises from decisions in a paternity proceeding in the circuit court of Ford County. The action for paternity was filed on April 1, 1987, by Teresa M. Milligan individually and as mother and next friend to D.L.C., a minor child, petitioner, although the child was born on February 26, 1983. Paternity was admitted by respondent, Thomas Kevin Cange, and an order establishing respondent’s liability was entered.

A recitation of the evidence is necessary to understand petitioner’s contentions on appeal.

The trial court entered an order on October 19, 1987, providing, in relevant part, that respondent pay temporary child support of $40 biweekly, commencing October 2, 1987. On April 1, 1988, petitioner filed a petition for a rule to show cause, alleging that respondent had failed to make child support payments subsequent to January 1988. Respondent filed a motion to abate child support, alleging that he was unemployed and had no money with which to pay support.

The trial court conducted a hearing pursuant to petitioner’s motion and entered an order on May 13, 1988. The trial court found, in pertinent part, that (1) respondent’s failure to pay child support was not contumacious, (2) an arrearage of $120 existed in the payment of support, and (3) respondent was a full-time student with no income or property with which to pay child support. Accordingly, the court abated child support, found respondent in arrears in the payment of support in the amount of $120, and reserved the remaining issues.

On December 12, 1988, petitioner filed a motion to establish child support, which additionally requested that the court order the respondent to procure employment (see Ill. Rev. Stat. 1989, ch. 40, par. 2515.1 (eff. Jan. 1, 1989)). The parties subsequently entered stipulations. On February 17, 1989, the court entered an order according to the parties’ stipulations which provided, in relevant part, that respondent was to pay child support in the amount of $25 per week, commencing Monday, February 20, 1989. The court also found that the arrearage in temporary child support cited in the court’s order of May 13, 1988, had been paid. The cause was continued to May 12, 1989, for hearing on all remaining issues.

On May 5, 1989, petitioner filed a second petition for a rule to show cause, alleging that respondent made only 7 of 12 child support payments due through May 8,1989.

The cause came for hearing on the issues of birthing expenses, post-birth support, and attorney fees on May 12, 1989. Petitioner testified that she is the mother of a child born February 26, 1983. The girl was conceived when petitioner was 14 and respondent was 19 years old. Petitioner paid all medical expenses associated with the child’s birth and has paid all of the child’s medical expenses since her birth. Counsel introduced petitioner’s exhibit Nos. 1, 2, 3, and 5, which are copies of medical bills reflecting those expenses.

Petitioner stated that she owns a home in Melvin, Illinois, valued at $30,000, in which she and the child reside. Petitioner also owns a 1985 Pontiac Firebird, valued at $5,300. Petitioner’s only other asset is her checking account, which contains a balance of approximately $90. Petitioner’s exhibit No. 6 is an affidavit prepared by petitioner, reflecting monthly living expenses of $1,541 incurred by petitioner and her daughter. The affidavit also states the value of petitioner’s home and automobile.

When questioned about attorney fees, petitioner stated that she paid a $450 retainer in order to bring this action some years ago and has been unable to pay any fees since then. Petitioner’s exhibit No. 7, an affidavit of attorney fees incurred from March 1987 through May 4, 1989, reflects that petitioner owes counsel approximately $2,500 in fees.

Petitioner explained how she supported the child from the time of the child’s birth. Petitioner received a $550-per-month social security payment from the time of her father’s death until she reached age 18. Respondent lived with petitioner prior to and approximately one month after the birth. Petitioner’s social security payments were the couple’s sole means of support, as respondent was a full-time student at Illinois State University (ISU). Other than the filing of the instant complaint, petitioner did not ask respondent for any contribution toward birthing or medical expenses.

In May 1983, three months after the birth, petitioner went to court in an effort to obtain an early distribution of a trust fund established after her father’s death. Petitioner received $1,000 per month from the trust until she reached age 18, at which time she received a lump-sum distribution from the trust in the amount of $40,000 to $45,000. These funds were used to pay for birth expenses, and to purchase a home and a car. Petitioner stated that over the years she has borrowed against her home “to make ends meet” and “to support my daughter.” She is indebted to the Roberts State Bank in the amount of $8,500.

Petitioner testified that she first requested child support from the respondent in late 1983, but she received no support. At that time, respondent was residing in Fairbury, Illinois. Shortly after this initial request, the respondent moved to Alaska and the petitioner never asked him for support again. When asked whether respondent refused to pay support, petitioner stated, “I don’t remember. I am not clear on all these things. I am not sure whether he refused it. I am not sure whether I said forget it. I am not sure whether it just didn’t happen. This is a long time ago. I can’t remember a lot of what went on.” Petitioner admitted that in December 1988, during a period in which respondent was not required to pay child support, he sent her $500.

From October 1986 to May 1987, petitioner was married to Mike Milligan. During their marriage, Milligan was employed and helped provide support for the petitioner and her daughter.

Petitioner attended one semester of community college since the birth, earning three “B’s” and one “A” in accounting courses. She hoped to pursue a bachelor’s degree, but could not afford to continue her education. Petitioner’s financial affidavit reflects that she is employed at Terra International in Champaign and earns a weekly gross income of approximately $240.

When asked why she was having difficulty making ends meet, petitioner stated that she had recently returned to work from a two-month disability leave following surgery in March. Petitioner also stated that she suffered a stroke since she filed this action in 1987, and will require permanent medication for her condition. Petitioner described the child’s health as “fine.” Petitioner added that the child is covered by health insurance and that all of her child’s medical bills are paid.

Since the child was bom, petitioner has not, on a regular basis, received any communications from the respondent inquiring as to the child’s health or well-being. Petitioner stated that she has done nothing to prohibit respondent from communicating with her or her daughter.

Respondent testified both as an adverse witness and on his own behalf.

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Cite This Page — Counsel Stack

Bluebook (online)
558 N.E.2d 630, 200 Ill. App. 3d 284, 146 Ill. Dec. 667, 1990 Ill. App. LEXIS 1097, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milligan-v-cange-illappct-1990.