Appeal from Circuit Court of Sangamon County. No. 92D0119. Honorable Stuart H. Shiffman, Judge Presiding.
Justices: Honorable Robert J. Steigmann, J., Honorable Frederick S. Green, J., Honorable James A Knecht, J., Concurring, Justice Steigmann delivered the opinion of the court:
The opinion of the court was delivered by: Steigmann
The Honorable Justice STEIGMANN delivered the opinion of the court:
In July 1995, petitioner, Brenda Stanley, filed a petition to modify child support, which the trial court granted, increasing the amount of child support to be paid by respondent, Anthony Stanley, from $400 to $500 per month. Brenda appeals, arguing that the court abused its discretion by setting child support below the applicable statutory guideline set forth in section 505 of the Illinois Marriage and Dissolution of Marriage Act (Act). 750 ILCS 5/505 (West 1994).
Brenda and Anthony married in April 1988. They had one child during their marriage, Zachary, born in July 1990. In April 1992, the trial court granted Brenda's petition for dissolution of marriage and ordered Anthony to pay Brenda $400 per month in child support, based on his annual salary of $40,000.
In July 1995, Brenda filed a petition to modify child support. The trial court conducted a hearing on that petition. Anthony was then chief financial officer for National Metal Craft, earning $80,000 annually. Based on evidence presented at the hearing, the court calculated Anthony's net monthly income according to the provisions of section 505 of the Act as follows:
"Gross income per pay period $3,333.33
Federal withholding $766.02
State of Iowa withholding 203.84
Total deductions $1,236.00 [sic]
Net income per pay period ...