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06/07/96 MARRIAGE REBECCA L. BAGGETT N/K/A REBECCA

June 7, 1996

IN RE MARRIAGE OF REBECCA L. BAGGETT, N/K/A REBECCA L. SCHOU, PETITIONER-APPELLEE AND CROSS-APPELLANT, AND STEVEN D. BAGGETT, RESPONDENT-APPELLANT AND CROSS-APPELLEE.


Appeal from the Circuit Court of Saline County. No. 92-D-156. Honorable Michael J. Henshaw, Judge, presiding.

The Honorable Justice Chapman delivered the opinion of the court: Kuehn, J., and Goldenhersh, J., concur.

The opinion of the court was delivered by: Chapman

The Honorable Justice CHAPMAN delivered the opinion of the court:

On August 14, 1992, the court entered a judgment of dissolution of the marriage of Rebecca and Steven Baggett. The judgment ordered Steven to pay Rebecca 25% of his income in child support. On August 4, 1994, Rebecca filed a petition to establish child support in a dollar amount and a petition for a rule to show cause for indirect civil contempt and attorney fees. On June 23, 1995, the trial court ruled that the child support provisions of its judgment were not void and that Steven was $17,047.32 in arrears on child support.

On appeal Steven argues that: (1) the court erred in finding that the child support provisions of the judgment were not void, and (2) the court's finding that Steven was $17,047.32 in arrears was contrary to the manifest weight of the evidence. On cross-appeal Rebecca argues that the court erred in denying her petition for attorney fees and costs. We affirm in part and reverse in part and remand.

Section 505 of the Illinois Marriage and Dissolution of Marriage Act (Act) regulates child support orders:

"ยง 505. ***

(a) ***

(1) The Court shall determine the minimum amount of support by using the following guidelines:

Percent of Supporting Party's

Number of Children Net Income

1 20%

2 25%

3 ...


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