Marriage of Galen, In re
Citation | 510 N.E.2d 597,109 Ill.Dec. 729,157 Ill.App.3d 341 |
Decision Date | 02 July 1987 |
Docket Number | No. 2-86-1160,2-86-1160 |
Parties | , 109 Ill.Dec. 729 In re MARRIAGE OF Nancy GALEN, n/k/a Nancy Padak, Petitioner-Appellee, and Edward E. Galen, Respondent-Appellant. |
Court | United States Appellate Court of Illinois |
Ariano, Anderson, Bazos, Hardy, Kramer & Castillo, Robert S. Kramer, Elgin, for respondent-appellant.
Brittain, Ketcham, Strass, Terlizzi, Flanagan, Weir & Johnson, P.C., William R. Ketcham, Elgin, for petitioner-appellee.
Respondent, Edward Galen, appeals from the trial court's order awarding petitioner, Nancy Galen, currently known as Nancy Padak, increased child support. Respondent contends that the trial court's finding that petitioner needed increased child support due to a substantial change in circumstances was against the manifest weight of the evidence.
On April 11, 1978, petitioner filed a petition for dissolution of marriage, and the court entered a judgment dissolving the parties' marriage on July 19, 1978. The court awarded custody of the children, then ages three and five, to petitioner. The judgment provided, inter alia, that respondent would pay $50 per week, per child, in support of his two minor children. Relevant to this appeal is petitioner's petition for modification of the dissolution judgment, which sought an increase in child support. Petitioner alleged that respondent was paying $430 per month, which was $66 less than the minimum amount provided in section 505(a) of the Illinois Marriage and Dissolution of Marriage Act (Ill.Rev.Stat.1985, ch. 40, par. 505(a)). Additionally, petitioner alleged that respondent earned a net salary of $992.95 every two weeks. Petitioner asserted that these facts constituted a material change in circumstances which justify an increased award of child support.
The record includes a list of the expenses for the two children, who are presently 11 and 13 years old, petitioner's expenses, and respondent's expenses. The parties, who were represented by counsel, entered into a stipulation which also is part of the record on appeal. The stipulation provides in relevant part:
The stipulation further provides that petitioner's annual base salary is $26,703 and respondent's base salary is $35,000 with the possibility of annual bonuses ranging from $300 to $8,500. According to the stipulation, the salaries have substantially increased since the entry of the judgment when petitioner earned $16,000 annually and respondent earned $24,000.
Another portion of the stipulation provides:
The additional provisions of the stipulation relate to the method of reimbursement for medical expenses, exchanging of W-2 forms used for income taxes, and payment of attorney fees. The signed stipulation dated November 20, 1986, became the basis of the trial court's order which increased the child support. The stipulation itself provided that an order be "entered by the Court forthwith pursuant to the stipulation." The trial court's order incorporated the major part of the stipulation.
Respondent challenges the trial court's order alleging that petitioner failed to prove her need for increased child support and failed to prove that a substantial change of circumstances existed pursuant to section 510(a) of the Illinois Marriage and Dissolution of Marriage Act (Ill.Rev.Stat.1985, ch. 40, par. 510(a)). These contentions are inconsistent with respondent's position in the trial court and may be barred under the doctrines of invited error and of estoppel. (Economy Fire & Casualty Co. v. State Farm Mutual Insurance Co. (1987), 153 Ill.App.3d 378, 381-82, 106 Ill.Dec. 543, 505 N.E.2d 1334.) Further, our review of the record indicates that respondent agreed in the stipulation, which the trial court considered, to pay child support in the amount of $62.50 per child, per week. The stipulation also provides that a "material change in circumstances" has developed since the...
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People v. Woods
......The primary rule in the construction of stipulations is that the court must ascertain and give effect to the intent of the parties. In re Marriage of Galen, 157 Ill.App.3d 341, 344-45, 109 Ill.Dec. 729, 510 N.E.2d 597 (1987) . "A stipulation is conclusive as to all matters necessarily included ......
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......The primary rule in the construction of stipulations is that the court must ascertain and give effect to the intent of the parties. In re Marriage of Galen, 157 Ill. App.3d 341, 344-45 [109 Ill.Dec. 729, 510 N.E.2d 597] (1987). `A stipulation is conclusive as to all matters necessarily included ......
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...... They generally will enforce them unless the stipulation is unreasonable, the result of fraud, or violative of a public policy. (In re Marriage of Galen (1987), 157 Ill.App.3d 341, 109 Ill.Dec. 729, 510 N.E.2d 597.) Generally, a party cannot dispute stipulated matters on appeal. The ......