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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.

Rule 23 Order filed May 20, 2013

Motion to publish allowed June 26, 2013

Held [*]

The trial court did not abuse its discretion in reconsidering its child support order and finally ordering respondent to pay 20% of his three children’s daycare and extracurricular expenses in addition to his statutory child support, resulting in a total 40% of his net income going to child support, especially when respondent’s failure to appeal that decision indicated that he accepted the additional responsibility.

Appeal from the Circuit Court of Will County, No. 10-D-28; the Hon. Robert Baron, Judge, presiding.

Edward R. Jaquays, Martin Rudman, and Mark Ellis, all of Law Offices of Edward R. Jaquays, of Joliet, for appellant.

Mikal J. Stole, of Reich, Jumbeck & Associates, LLP, of Joliet, for appellee.

Panel 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 fulltime with K-Five Construction Company, and the couple had three young children.

ΒΆ 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 ...


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