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03/18/87 In Re Marriage of Vickie Loomis

March 18, 1987

IN RE MARRIAGE OF VICKIE LOOMIS, PETITIONER-APPELLEE, AND


APPELLATE COURT OF ILLINOIS, THIRD DISTRICT

FRANCIS LOOMIS, Respondent-Appellant

505 N.E.2d 766, 153 Ill. App. 3d 404, 106 Ill. Dec. 219 1987.IL.337

Appeal from the Circuit Court of Rock Island County; the Hon. David DeDoncker, Judge, presiding.

APPELLATE Judges:

Justice Barry delivered the opinion of the court. Wombacher and Heiple, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE BARRY

Francis Loomis appeals from an order of the circuit court of Rock Island County increasing the child support to be paid by him to Vickie Loomis for the benefit of two of the parties' minor children.

In 1980 the marriage of the parties was dissolved, and, after the second half of the bifurcated hearing, the court entered an order which provided in part that the custody of the three minor children be given to the mother; that the father pay $300 per child per month, for a total of $900 per month; that the father provide medical insurance coverage for the children; and that the father pay $500 per month as maintenance for 24 months from the date of the order. In addition, the trial court found that both the marital home and the optometry practice of the father were marital property. The court noted that the marital home was listed for sale at $75,000 and had a mortgage of $60,000 and also noted that the valuation of the optometry practice was at least equal to the amount of the equity in the home. The court awarded the home to the mother and the business to the father.

In April of 1984 the decree was modified by agreement of the parties to provide for a change of custody of one of the children, Peter, to the father and for a corresponding reduction of child support payments to the mother from $900 to $600 per month. On September 4, 1984, the mother filed a petition for modification and subsequently she filed two supplemental petitions for modification, all of which sought an increase in child support. A hearing on those petitions was held on April 8, 1986.

The mother testified that she had been unable to sell the marital home and had not been able to make the mortgage payments. The bank foreclosed on the mortgage, and she filed bankruptcy in May of 1985. She now lives with the two younger children in an apartment for which she pays rent of $275 per month. At the time of the dissolution decree, the mother had part-time employment at a rate of about $3.75 per hour. She now works full time and earns $5.30 per hour. Her net take-home pay is $687 per month, and her monthly expenses total $1,686. Thus, the $600-per-month child support still leaves her unable to meet her monthly expenses.

According to the income tax returns of the parties, their respective annual income for each of the relevant years was as follows:

Father Mother

1982 $51,395 $570

1983 64,632 ...


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