PEOPLE EX REL. SUSSEN v. Keller

892 N.E.2d 11, 382 Ill. App. 3d 872, 322 Ill. Dec. 764, 2008 Ill. App. LEXIS 424
CourtAppellate Court of Illinois
DecidedMay 7, 2008
Docket4-07-0704
StatusPublished
Cited by9 cases

This text of 892 N.E.2d 11 (PEOPLE EX REL. SUSSEN v. Keller) 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
PEOPLE EX REL. SUSSEN v. Keller, 892 N.E.2d 11, 382 Ill. App. 3d 872, 322 Ill. Dec. 764, 2008 Ill. App. LEXIS 424 (Ill. Ct. App. 2008).

Opinions

JUSTICE MYERSCOUGH

delivered the opinion of the court:

Petitioner, Tammi Sussen, and respondent, Thomas G. Keller, are the parents of David, born December 17, 1987. In July 2007, the trial court entered an order directing Keller to pay one-third of the cost of tuition, books, registration, rent, and food for David to attend Lincoln College of Technology (Lincoln College) in Indianapolis, Indiana. Keller appeals. Because the court abused its discretion by finding the cost to attend Lincoln College was reasonable, we reverse and remand with directions.

I. BACKGROUND

In January 1990, the Illinois Department of Public Aid filed a paternity complaint against Keller on Sussen’s behalf. In December 1990, the trial court entered a judgment of parentage and order for support. Keller was in arrears on his child-support obligation several times over the years and support was abated once due to Keller’s unemployment.

In August 2004, after Keller inherited $50,000, Keller consented to $25,000 of the funds being deposited in a bank account until further hearing could be held on Sussen’s motion to establish a trust for support and educational expenses. In October 2004, the trial court ordered that the $25,000 in the bank account was to be used to support David and provide for educational expenses should David decide to attend postsecondary education and should the court order payment of such expenses. Any funds remaining after such time would be returned to Keller. The court also directed that $300 a month be distributed from the bank account to Sussen as continuing child support for David. In January 2005, the court ordered $5,000 be distributed from the account to Sussen as child support from the inheritance (20% of $25,000) and $418 be distributed from the account to Sussen for payment of a certain amount of David’s orthodontic expenses.

In June 2007, Sussen filed a petition for support for educational expenses. The petition alleged that David had been accepted into a 15-month program at Lincoln College. The petition sought contribution from Keller for the expenses of attending Lincoln College, including tuition, books, and fees ($26,753), rent ($4,125), living expenses, health and medical insurance, and dental expenses. According to the petition, David obtained grants totaling $8,100, David and Sussen had applied for loans, and David intended to work part-time.

On June 28, 2007, the trial court held a hearing on the petition.

A. Testimony Pertaining to Lincoln College, Shawnee Community College, and Living Expenses

The testimony established that David had graduated high school where he had earned As and Bs. David had focused on automotive classes in high school and wanted to continue his studies in that area. David wanted to attend Lincoln College, which offered a 15-month automotive-technology program that would teach David how to service and repair motor vehicles. When asked why he was interested in Lincoln College, David stated, “It’s away from home. I have heard really good stories about them.” David further explained that at Lincoln College, he did not have to take any general-education classes, which explained why the program took only 15 months — consisting of two terms or sequences — to complete. David met with a recruiter, who explained that NASCAR and Mercedes-Benz hired graduates from Lincoln College. David did not know if he wanted to work for either of those two companies. David testified that when he graduated, he would be “ASC” certified (the record does not indicate what “ASC” certified means) and be fully trained in high-performance automotive technology. David did not know if graduates from Shawnee were ASC certified. The Lincoln College materials admitted into evidence demonstrate that upon completion of the program, students are awarded an associate-of-applied-science degree.

David intended to rent an apartment with two other students. The total rent per month was $799, of which David would pay one-third. The rent did not include gas and electric costs. Sussen estimated gas and electric costs would total approximately $180 per month, of which David would pay one-third. Sussen estimated David’s food costs would total approximately $200 per month.

Keller provided information about Shawnee Community College (Shawnee), which also offered an automotive-technology program. The Shawnee campus was located approximately 20 to 25 miles south of where Sussen and David lived. Excerpts from the Shawnee course catalog, admitted into evidence, demonstrated the Shawnee program was a 67-hour program — approximately 21 months of schooling — at a cost of $65 per credit hour, which totaled $4,355. Service fees totaled $402.

According to the Shawnee materials, students in the program receive an associate-of-applied-science degree upon completion. The Shawnee program is ASE certified (“ASE” apparently stands for “automotive service excellence”), and Shawnee is accredited by the North Central Association Commission on Accreditation and School Improvement. The Lincoln College materials provide no information about accreditation.

Sussen testified she did not look into the Shawnee program “too much” because it did not offer what Lincoln College offered and was a different program. Sussen claimed the automotive-technology course at Shawnee was not the same course as offered by Lincoln College. Sussen explained that Shawnee “probably” offered a two- to four-year program while Lincoln College offered a 15-month, high-performance maintenance program, which is what David wanted. The Lincoln College materials indicate the program has a “[six]-[c]ourse [h]igh[-] [performance add-on program,” but the record otherwise contains no information about “high-performance maintenance.”

David testified Shawnee Community College did not seem as good to him as Lincoln College. David thought Lincoln College was a “better fit” for him. Sussen testified it would save money and time if David attended Lincoln College because he would become gainfully employed once he finished the program.

Keller’s objections to David attending Lincoln College included the cost, the lack of accreditation, and the distance from home. Keller assumed David would live with Sussen if he attended Shawnee.

B. Testimony Regarding the Parents’ Financial Circumstances

Sussen testified that at the time of the hearing, she earned $500 per week and expected to earn that sum through the summer. By late fall, Sussen would earn approximately $400 a week. Sussen testified she earned $14,000 to $18,000 in 2006. Sussen’s financial affidavit, contained in the record, indicated Sussen had income of approximately $2,300 per month (excluding the $300 a month in child support she had been receiving from Keller) and received an additional $720 from “boarders.” Sussen has a 12-year-old daughter for whom she received no child support. Sussen’s stated expenses totaled approximately $2,501.38, and she had no assets.

According to Keller’s testimony and financial affidavit, Keller lived with his girlfriend, Laura Bower, in a house Bower owned. Keller paid Bower $360 a month toward her house payment. Keller was currently unemployed and on temporary medical light duty following a “knee scope” to remove two-thirds of the meniscus.

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PEOPLE EX REL. SUSSEN v. Keller
892 N.E.2d 11 (Appellate Court of Illinois, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
892 N.E.2d 11, 382 Ill. App. 3d 872, 322 Ill. Dec. 764, 2008 Ill. App. LEXIS 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-sussen-v-keller-illappct-2008.