Einstein v. Nijim

• Decision Date: 15 June 2005
• Docket Number: No. 4-04-0766.,4-04-0766.
• Citation: 831 N.E.2d 50
• Parties: Kathryn EINSTEIN, Petitioner-Appellee, v. Jason H. NIJIM, Respondent-Appellant.
• Court: Illinois Supreme Court

831 N.E.2d 50

Kathryn EINSTEIN, Petitioner-Appellee, v. Jason H. NIJIM, Respondent-Appellant.

No. 4-04-0766.

Appellate Court of Illinois, Fourth District.

June 15, 2005.

COPYRIGHT MATERIAL OMITTED

Justice STEIGMANN delivered the opinion of the court:

In May 2000, petitioner, Kathryn Einstein, filed a petition requesting that the trial court (1) order respondent, Jason H. Nijim, to pay child support for the parties' daughter, Jordan Nijim (born June 10, 1995) and (2) set a reasonable visitation schedule for Jason and Jordan. Following a June 2004 hearing, the court ordered, in pertinent part, that Jason pay (1) $1,168.50 in monthly child support, which reflected 20% of Jason's monthly net income; (2) $7,588.32 for Jordan's past day-care expenses; (3) one-half of Jordan's future day-care expenses; (4) $864.13 for Jordan's past medical expenses; and (5) one-half of Jordan's future medical expenses.

Jason appeals, arguing that the trial court erred by (1) incorrectly calculating his net income, (2) failing to order child support in an amount below the statutory guideline of 20% of Jason's net income, and (3) ordering him to pay one-half of Jordan's past day-care and medical expenses and one-half of such future expenses. We disagree and affirm.

I. BACKGROUND

As stated above, in her May 2000 petition, Kathryn requested that the trial court (1) order Jason to pay child support for Jordan and (2) set a reasonable visitation schedule for Jason and Jordan.

From May 2000 until October 2003, the parties conducted discovery, unsuccessfully attempted to reach an agreement as to custody and child support, and individually and jointly were granted several continuances.

In mid-October 2003, the trial court entered a temporary order (1) requiring that Jason pay $1,029.53 in monthly child support and (2) denying Kathryn's request that Jason pay for one-half of Jordan's day-care expenses.

In December 2003, the parties entered into a written stipulation that (1) Kathryn would have custody of Jordan and (2) the only unresolved issues involved (a) visitation, (b) child support, and (c) child-support arrearages.

In May 2004, Jason filed a motion requesting that the trial court set his child-support obligation below the statutory guideline. Specifically, he alleged that his and Kathryn's relative financial resources and needs warranted a downward deviation. (Section 14(a)(1) of the Illinois Parentage Act of 1984 (Parentage Act) (750 ILCS 45/14(a)(1) (West (2000)) specifies that the trial court shall determine child support in accordance with section 505 of the Illinois Marriage and Dissolution of Marriage Act (Dissolution Act) (750 ILCS 5/505 (West 2000)).) Sections 505(a)(1) and (a)(2) require that the trial court set the minimum amount of child support for one child at 20% of the noncustodial parent's net income unless the court finds a reason to deviate from that percentage (750 ILCS 5/505(a)(1), (a)(2) (West 2002)).)

At the June 2004 hearing on the unresolved issues, Jason testified as an adverse witness that he was Jordan's biological father and had lived with Kathryn, to whom he was never married, and Jordan until early 1996. He currently lived with his wife, Dawn, her son, Christian, and the couple's 20-month-old daughter, Jennah. Jennah had special medical needs because she was born prematurely and without a properly developed stomach. Jason and Dawn were expecting another child in late June 2004. Dawn was a stay-at-home parent, and she occasionally earned money by babysitting. Jason's May 2004 financial affidavit indicated, in pertinent part, that (1) his monthly gross income currently totaled approximately $6,600, (2) he received a $300 bimonthly automobile allowance from his employer, (3) his monthly expenses totaled just over $5,225, and (4) Jennah's medical expenses totaled approximately $833 per month. Jason acknowledged that he usually paid Jennah's doctors no more than $100 per month.

Jason testified on his own behalf that during 2003, his gross income totaled $76,455.50, which included a $10,000 bonus. Although Jason's annual bonuses were not guaranteed, they were "usually a sure thing." If the trial court ordered him to pay $1,029 in monthly child support, he would be unable to provide for Jennah's medical expenses or pay down her outstanding medical debt, which then totaled $13,000.

Kathryn testified that she currently worked for Cingular Wireless as a payroll officer. She had previously worked as a customer-service representative but had recently resigned from that position because it required her to work overtime and she wanted to spend more time with Jordan. Kathryn's gross income for the years 2000 through 2003 was $35,339, $37,060, $42,120, and $30,779, respectively. Her 2002 gross income included funds from an individual retirement account that she cashed out and a large amount of mandatory-overtime pay. Her 2003 income reflected her decrease in pay since becoming a payroll officer. During 2003, Kathryn could not have managed financially without temporary child support. Even with child support, she still relied on the "[g]enerosity of other people." Kathryn acknowledged that since late 1999, Jason had paid child support totaling $23,442.46. From 1998 through May 1999, Jason contributed $3,216 toward Jordan's day-care expenses. Jason stopped contributing money toward day-care expenses in May 1999, and between 2000 and 2003, Kathryn paid day-care expenses totaling $15,176.63. She currently paid $236 in monthly day-care expenses. Since 2000, Kathryn had paid $1,728.28 for Jordan's uninsured medical expenses. Kathryn's April 2004 financial affidavit indicated, in pertinent part, that (1) her monthly gross income currently totaled approximately $2,768 and (2) her monthly expenses totaled just over $2,966.

At the end of the hearing, the trial court instructed the parties to file written closing arguments, which they later did. In July 2004, after considering the evidence and the written closing arguments, the court ordered, in pertinent part, that Jason pay (1) $1,168.50 in monthly child support, which reflected 20% of Jason's monthly net income; (2) $7,588.32 for Jordan's past day-care expenses; (3) one-half of Jordan's future day-care expenses; (4) $864.13 for Jordan's past medical expenses; and (5) one-half of Jordan's future medical expenses. In determining Jason's net income, the court rejected Jason's contention that Jennah's ongoing medical expenses should be deducted from his income because they constitute "medical expenditures necessary to preserve life or health" under section 505(a)(3)(h) of the Dissolution Act (750 ILCS 5/505(a)(3)(h) (West 2000)). The court determined that section 505(a)(3)(h) applies only to medical expenditures necessary to preserve the life or health of the noncustodial parent whose net income is being calculated.

This appeal followed.

II. ANALYSIS

A. The Trial Court's Calculation of Jason's Net Income

1. Deduction for Jennah's Ongoing Medical Expenses

Jason first argues that the trial court improperly computed his net income by failing to deduct Jennah's ongoing medical expenses, which totaled approximately $830 per month. Specifically, he contends that those expenses constitute "medical expenditures necessary to preserve life or health" as that phrase is used in section 505(a)(3)(h) of the Dissolution Act (750 ILCS 5/505(a)(3)(h) (West 2000)). Because we conclude that Jennah's ongoing medical expenses are not "[e]xpenditures for repayment of debts" under section 505(a)(3)(h), we need not reach the issue of whether those expenses constitute "medical expenditures necessary to preserve life or life" (750 ILCS 5/505(a)(3)(h) (West 2000)).

In general, the trial court's net-income determination and child-support award lie within its sound discretion. In re Marriage of Deem, 328 Ill.App.3d 453, 457, 262 Ill.Dec. 741, 766 N.E.2d 661, 665 (2002). In this case, however, Jason challenges the court's interpretation of section 505(a)(3)(h) of the Dissolution Act (750 ILCS 5/505(a)(3)(h) (2000)). "How a statute is interpreted is not a matter left to the trial court's discretion. It presents a question of law * * *." In re Marriage of Rogers, 213 Ill.2d 129, 135-36, 289 Ill.Dec. 610, 820 N.E.2d 386, 389-90 (2004). Thus, our review is de novo. See In re Marriage of Lindman, 356 Ill.App.3d 462, 465, 291 Ill.Dec. 969, 824 N.E.2d 1219, 1221-23 (2005) (reviewing de novo the trial court's interpretation of section 505).

In People v. Jones, 214 Ill.2d 187, 193, 291 Ill.Dec. 663, 824 N.E.2d 239, 242 (2005), our supreme court recently discussed statutory interpretation as follows:

"The primary objective of statutory interpretation is to determine and give effect to the legislature's intent. [Citation.] This inquiry properly begins by examining the language of the statute at issue. [Citation.] The statute should be read as a whole and construed so that no part of it is rendered meaningless or superfluous. [Citation.] Where the legislature's intent is not clear from the statute's plain language, the court may examine the legislative history."

Further, "[l]egislative intent can be ascertained from a consideration of the entire [a]ct, its nature, its object[,] and the consequences that would result from construing it one way or the other." Fumarolo v. Chicago Board of Education, 142 Ill.2d 54, 96, 153 Ill.Dec. 177, 566 N.E.2d 1283, 1302 (1990). In addition, courts must not construe words and phrases in isolation and, instead, should construe them in light of other relevant portions of the statute so that—if possible—no term is rendered superfluous or meaningless. Girard v. White, 356 Ill.App.3d 11, 17, 292 Ill.Dec. 376, 826 N.E.2d 517, 523 (2005).

As earlier stated, section 14(a)(1) of the Parentage Act specifies that the trial court shall determine child support in accordance with section 505 of the Dissolution Act (750 ILCS 45/14(a)(1) (West 2000)). Section 505(a)(3) defines net...