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In re Aaliyah L.H.

Court of Appeals of Illinois, Second District

November 25, 2013

In re AALIYAH L.H., a Minor
v.
Shangwé P., Respondent-Appellant. Lacisha H., Petitioner-Appellee,

Held [*]

On appeal from an order relating to respondent’s child support and daycare expenses for his daughter, the portion of the order requiring him to pay half of the daycare expenses in addition to child support was upheld, especially in view of that fact that his monthly net income was $3, 219 and respondent’s net income was $720, but the trial court did err in failing to deduct respondent’s health insurance premiums for his group plan covering him, his child born to petitioner, and a child born to another woman, since the cost of the plan was the same even though it covered both children, and the statute does not limit the deduction allowed to situations where the cost is increased for additional children.

Appeal from the Circuit Court of Du Page County, No. 10-F-349; the Hon. Linda E. Davenport, Judge, presiding.

Keoini Haynes Wells, of Law Offices of Keoini Haynes Wells, of Evanston, for appellant.

Daniel J. Walker, Jr., of Cesario & Walker, of Hinsdale, for appellee.

Panel JUSTICE McLAREN delivered the judgment of the court, with opinion. Justices Zenoff and Schostok concurred in the judgment and opinion.

OPINION

McLAREN JUSTICE

¶ 1 Respondent, Shangwé P., appeals from the trial court's order related to child support and daycare expenses for his daughter with petitioner, Lacisha H. On appeal, Shangwé argues that the trial court erred by: (1) failing to deduct health insurance premiums in calculating his net income; and (2) ordering him to pay half of the total daycare expenses. We affirm in part and reverse in part, and we modify the amount of child support from $739 per month to $642 per month.

¶ 2 I. BACKGROUND

¶ 3 The following facts are taken from the record and are not in dispute. Shangwé and Lacisha are the father and mother of a daughter, Aaliyah, born January 20, 2010. Pursuant to an agreed order entered on November 7, 2011, the parties share joint custody of their daughter, with Lacisha being the primary residential parent. A temporary order of support was entered at that time, with the issue of permanent support reserved. The trial court also ordered Shangwé to add Aaliyah to his health insurance obtained through his employer. Shangwé complied. The issue of daycare expenses was reserved. On March 12, 2012, a bench trial was held on the remaining issues.

¶ 4 Shangwé has another daughter, Amira, age 12, by a woman other than Lacisha. Shangwé was ordered to pay child support for Amira by the circuit court of Cook County. When calculating child support, the Cook County court deducted from his gross income all health insurance premiums. Under Shangwé's family plan, the premiums were the same whether there was one child or two children on the plan. Thus, the premiums did not increase when Shangwé added Aaliyah to his plan. The premiums for Shangwé, Amira, and Aaliyah were $485 per month.

¶ 5 Shangwé's annual gross income was $74, 000. Regarding the parties' expenses for daycare for their daughter during their respective parenting times, Lacisha spent approximately $133 per week and Shangwé spent approximately $30 per week.

¶ 6 At the time of trial, Lacisha worked part-time, earning approximately $200 per week; $180 net. In addition, Lacisha was an intern and a full-time student who planned on graduating in the summer.

¶ 7 During argument, counsel for Lacisha argued that Shangwé should not "receive credit for the medical insurance premiums since he's already gotten that deduction the first time through with his other child. [I]t adds nothing to his expenses to add to Aaliyah as an insured under that policy." Counsel for Shangwé argued that nothing in the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/101 et seq. (West 2012)) ...


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