Appeal from the Circuit Court of Massac County. No. 86-D-112. Honorable James R. Williamson, Judge Presiding.
Chapman, Lewis, Goldenhersh
The opinion of the court was delivered by: Chapman
JUSTICE CHAPMAN delivered the opinion of the court:
Mary Louise and Quinton Hillebrand were divorced on September 29, 1986. Mary Louise was awarded sole custody of the parties' minor child, Teresa Marie. Quinton was ordered to pay child support, which he did until April of 1992, when Teresa became 18. On November 4, 1992, Mary Louise filed a petition for educational expenses and maintenance as provided under section 513 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/513 (West 1992)). The circuit court ordered Quinton to pay $200 per month for the educational andmaintenance expenses of Teresa Marie. Quinton was also ordered to maintain the child on his medical and dental insurance and to pay all deductibles. The court further ordered Mary Louise and Quinton to each pay one-half of any medical and dental expenses for the minor not covered by insurance. Each party was ordered to pay their own attorney fees. Mary Louise appeals. We affirm in part and reverse and remand in part.
At the hearing on the petition for educational and maintenance expenses, Mary Louise testified that she is 42 years of age and was last employed as a sales clerk on February 6, 1990. Mary Louise testified that she is totally disabled and receives monthly social security benefits of $257. She has a worker's compensation claim pending for which she hopes to receive $20,000. She testified that she has no other insurance and is unable to work due to spinal injuries and stomach problems.
Mary Louise testified that her daughter, Teresa Marie, is 19 years old and is a freshman at Paducah Community College, where she intends to pursue a nursing degree. Teresa lives with Mary Louise and Mary Louise's husband in Paducah, Kentucky. Mary Louise testified that Teresa's monthly schooling expense, exclusive of housing, utilities, and food, is $569.96, which is broken down as follows:
School tuition at $350 per semester $87.50/mo.
Text books at $200 per semester $50.00/mo.
Miscellaneous school supplies/expenses $25.00/mo.
Car payment-transportation to and from school $134.70/mo.
Car insurance $117.00/mo.
Gasoline and repairs $50.00/mo.
Total Monthly Expenses $569.96
Mary Louise testified that there are 12 more monthly car payments left on Teresa's car. She testified that Quinton Hillebrand has not contributed toward any of Teresa's school expenses. Mary Louise and her husband, Don English, paid for Teresa's schooling her first semester at Paducah Community College. Mary Louise further testified that Teresa's share of housing, utility, and food expenses per month is $361. She calculated this figure by dividing the household expenses by one-third. Petitioner submitted an exhibit to explain her testimony:
Teresa's share of housing, utilities, and ...