IN RE MARRIAGE OF Denise C. WENGIELNIK, Petitioner-Appellee, and Matthew S. Wengielnik III, Respondent-Appellant.
order filed December 3, 2019
to publish allowed January 2, 2020
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.
Respondent, Matthew Wengielnik III, filed a motion to modify
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
¶ 2 I.
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
¶ 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