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In re Marriage of Carlson-Urbanczyk

Court of Appeals of Illinois, Third District

June 26, 2013

In re MARRIAGE OF DAWN CARLSON-URBANCZYK, Petitioner-Appellant, and TOMASZ URBANCZYK, Respondent-Appellee.

Appeal from the Circuit Court of the 12th Judicial Circuit, Will County, Illinois, Appeal No. 03-12-0731 Circuit No. 10-D-28 (consolidated with 10-D-32) Honorable Robert Baron, Judge Presiding.

JUSTICE WRIGHT delivered the judgment of the court, with opinion. Justices Carter and McDade concurred in the judgment and opinion.

OPINION

WRIGHT JUSTICE

¶ 1 The court entered an agreed judgment for dissolution of marriage on November 11, 2011, which granted mother sole custody of the parties' three minor children and ordered father to pay child support in the statutory amount of 32% of his net income. The parties agreed the court should reserve determining whether the children's daycare and extracurricular expenses should also be shared by father above the statutory amount of agreed child support.

¶ 2 Eventually, the court ordered father to pay 40% of daycare and extracurricular expenses in addition to the agreed child support calculated at the statutory amount of 32% of father's net income. However, the court later reconsidered and reduced that amount to 20% of the additional daycare and extracurricular expenses. Mother appeals this reduction. We affirm the judgment of the circuit court.

¶ 3 BACKGROUND

¶ 4 Petitioner-appellant Dawn Carlson-Urbanczyk (mother) and respondent-appellee Tomasz Urbanczyk (father) filed separate petitions for dissolution of marriage in Will County case numbers 10-D-032 and 10-D-028, respectively, after 11 years of marriage. Due to the consolidation of both cases, the judgment of dissolution was entered in case No. 10-D-032, on November 9, 2011. At the time of the judgment of dissolution, mother was 32 years old and employed full-time at the Nalco Company, father was 38 years old and employed full-time with K-Five Construction Company, and the couple had three young children.

¶ 5 The judgment included a marital settlement agreement which awarded sole custody of the three minor children to mother and required father to pay child support in the amount of $1, 280 monthly, calculated at 32% of his net income. At the time of the judgment of dissolution, the parties agreed the court should reserve ruling on whether father should also make contributions toward the payment of daycare and extracurricular expenses for the children until sometime after April 1, 2012, to allow father some time to improve his financial situation.

¶ 6 On April 19, 2012, mother filed a "Motion to Set Daycare and Extracurricular Contribution." The court held a hearing on this motion on May 23, 2012, and received copies of 2011 tax returns and income/expense affidavits, both dated May 23, 2012, from each of the parties at that time. Mother's affidavit documented her total gross income for 2011 was $76, 487. According to mother's affidavit, excluding child support and net income received for rental properties, her net monthly income for May, 2012, was $4, 392.[1] Mother's affidavit listed the monthly daycare expenses for the parties' children to be $1, 573 and monthly expenses for the children's extra activities to be $281, for a monthly total of $1, 854.

¶ 7 Father's financial affidavit reflected his annual gross income for 2011 was $59, 791 and net monthly income, after paying a monthly child support payment of $1, 185, was $2, 465.[2]Father's affidavit showed that he paid $180 per month for the children's activities during visits in addition to his own monthly expenses. He also reported he filed for bankruptcy after the entry of the judgment of dissolution.

¶ 8 At the close of this hearing, the court found that neither party disputed that the children's extracurricular activities were appropriate and ordered father to pay 40% of the children's daycare and extracurricular expenses without making additional findings. On June 21, 2012, father filed a "Motion to Reconsider and/or Reopen Proofs, " claiming the court failed to consider father's ability to pay and improperly ordered him to pay 40% of the daycare and extracurricular expenses and deviated above the general statutory guidelines for support by so doing. In her response, mother claimed father could reduce his expenses by $350 each month by selling his motorcycle and cancelling his gym membership.

¶ 9 During the hearing on the motion to reconsider, held on July 31, 2012, father submitted an exhibit showing his monthly net income, including deductions for child support, to be $2, 665. This exhibit documented, if father paid the additional 40% of daycare ($ 681.72), his monthly net income would be $1, 983. This same exhibit calculated mother's monthly net income, including child support, to be $7, 979, and her monthly net income would be increased to $8, 660, if father paid the additional 40% of daycare expenses.

ΒΆ 10 Before ruling, the court observed mother's income affidavit did not include calculations showing receipt of the statutory child support payments she received from father, or her reimbursements for mileage and other expenses from her employer. Consequently, after considering the respective amounts of monthly income for both father and mother, the judge reconsidered his previous ruling and reduced father's additional payment of daycare and extracurricular expenses to 20%, retroactive to April 1, 2012. Accordingly, the court ...


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