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Daniels v. Daniels
OPINION FILED MAY 31, 1976.
SHARON KAY DANIELS, PLAINTIFF-APPELLANT,
JOHN R. DANIELS, DEFENDANT-APPELLEE.
APPEAL from the Circuit Court of Rock Island County; the Hon.
ROBERT M. BELL, Judge, presiding.
MR. JUSTICE BARRY DELIVERED THE OPINION OF THE COURT:
The plaintiff, Sharon Kay Daniels, has appealed from an order of the Circuit Court of Rock Island County of July 15, 1975, granting her petition to modify a divorce decree increasing by $5 the child support payments that defendant was required to pay. Plaintiff was divorced from the defendant on October 15, 1971. She was then given custody of the 6-year-old female child of the marriage subject to defendant's reasonable visitation rights. The 1971 divorce decree ordered defendant to pay $20 per week child support for their minor child and defendant was authorized to claim the child as his dependent for State and Federal income tax purposes. Plaintiff alleged in her petition to modify the divorce decree that circumstances had changed since the divorce. More specifically she alleged that the needs of the child had increased and that the defendant's ability to pay had also increased.
From the evidence produced at the hearing on the petition to modify the court entered an order increasing the child support payments to $25 per week and awarding plaintiff attorney fees of $100. Plaintiff contends that the decision of the trial court to increase the amount of child support only $5 per week was against the manifest weight of the evidence, and an abuse of the trial court's discretion.
In deciding whether the trial court erred in refusing to grant a greater increase in support payments, we must direct our attention to all the facts and circumstances presented.
Without regard to whether each expenditure should be considered, the following tables are presented, which are substantial reproductions of the contents of plaintiff's exhibit no. 4 and defendant's exhibit no. 1, and show by comparison the monthly expenses of plaintiff in the year of the divorce and in 1975 and the current monthly expenses of the defendant:
1971 Per Month 1975 121 House 125 9 Telephone 10 40 Utilities 51 3 Water 7 0 Car 48 0 Car expenses to work 97 *fn1 0 Lunches at work 43 0 Bridge & parking 17 17 Life Insurance 17 36 Food 141 0 Julie's lunches 0 (none for summer) 0 Julie's Allowance 9 0 Day camp 80 [or alternatively baby-sitter 10 Clothes for Julie 20 10 Misc. exp. for Julie 22 0 Clothes for work 25 0 Loan 58 _____ _____ $ 246 $ 770
All expenses figured at 4 1/3 week ...
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