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In re Marriage of Wengielnik

Court of Appeals of Illinois, Third District

January 2, 2020

IN RE MARRIAGE OF Denise C. WENGIELNIK, Petitioner-Appellee, and Matthew S. Wengielnik III, Respondent-Appellant.

         Rule 23 order filed December 3, 2019

         Motion to publish allowed January 2, 2020

Page 744

          Appeal from the Circuit Court of Will County, No. 12-D-1570; the Hon. Domenica Osterberger, Judge, presiding.

          Michael Schatz, of Schatz & Shaughnessy, P.C., of Tinley Park, for appellant.

          Gregory B. Jumbeck and Timothy J. Reeb, of Reich, Jumbeck & Stole, L.L.P., of Joliet, for appellee.

         OPINION

         SCHMIDT, JUSTICE.

         ¶ 1 Respondent, Matthew Wengielnik III, filed a motion to modify his child

Page 745

support obligation. After hearing Matthew's argument, the trial court granted a directed finding to petitioner, Denise Wengielnik, finding no substantial change in circumstances had occurred warranting modification of child support. We affirm.

         ¶ 2 I. FACTS

         ¶ 3 Matthew and Denise divorced in March of 2013. The parties entered into a joint parenting agreement regarding their minor child. The parenting agreement provided Matthew with 82 overnights in 2016.

         ¶ 4 In December of 2016, the parties entered into an allocation of parenting responsibilities and parenting plan judgment. Matthew received additional parenting time with the child as a result. This change amounted to Matthew exercising 130 overnights in odd years and 148 overnights in even numbered years.

         ¶ 5 In October of 2017, Matthew filed a petition to modify child support, stating there had been a substantial change in circumstances warranting a modification. The circuit court held a hearing on the motion on August 9, 2018. The arguments revolved around whether the increase in Matthew's parenting time constituted a substantial change in circumstances sufficient to modify his child support obligation. Matthew averred that he need not show how the extra parenting time impacted the financial matters of the parties, instead it was a logical presumption that additional costs were inherent in the increase. He analogized the modification of child support to a modification of parenting time, arguing that pursuant to appellate case law, a modification of parenting time in the amount of 6% was found ...


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