In re Marriage of Mary Ellen Mcgrath

• Decision Date: 30 June 2011
• Docket Number: No. 1–10–2119.,1–10–2119.
• Citation: 2011 IL App (1st) 102119,954 N.E.2d 842,352 Ill.Dec. 759
• Parties: In re Marriage of Mary Ellen McGRATH, Petitioner–Appellee,andMartin Gibbons McGRATH, Respondent–Appellant.
• Court: United States Appellate Court of Illinois

2011 IL App (1st) 102119
954 N.E.2d 842
352 Ill.Dec. 759

In re Marriage of Mary Ellen McGRATH, Petitioner–Appellee,andMartin Gibbons McGRATH, Respondent–Appellant.

No. 1–10–2119.

Appellate Court of Illinois, First District, Second Division.

June 30, 2011.

[954 N.E.2d 843]

Paul L. Feinstein, Ltd., Chicago, for Appellant.Pasulka & Associates, P.C., Chicago (Mitchell B. Gordon, David P. Pasulka, Molly E. Caesar, of counsel), for Appellee.[352 Ill.Dec. 760] OPINION Justice KARNEZIS delivered the judgment of the court, with opinion.

¶ 1 Respondent Martin Gibbons McGrath appeals from an order of the circuit court in favor of petitioner Mary Ellen McGrath, in which Martin was ordered to pay $2,000 a month in child support for the parties' two children. On appeal, Martin contends: (1) the circuit court erred in ruling that money withdrawn from Martin's savings accounts constituted “net income” for purposes of determining child support; (2) the circuit court erred in determining Martin's child support obligation should be $2,000 a month; and (3) the circuit court erred in denying Martin's motion to reconsider. For the following reasons, we affirm the judgment of the circuit court.

¶ 2 Background

¶ 3 We set forth briefly only those facts relevant to the issues presented on appeal. On September 14, 2007, the court entered the judgment for dissolution of marriage incorporating the parties' marital settlement and joint parenting agreements. The agreements provided that the parties' twin children, born on August 9, 2001, would reside with Mary Ellen, and the parties agreed to contribute to the children's various expenses. At the time of the judgment, Martin was unemployed so the issue of child support was reserved. The agreements additionally provided that the “issue of additional contribution by Martin to the support of the parties' children may be addressed by either party pursuant to agreement or petition to the court.”

¶ 4 Subsequently, on July 9, 2008, Mary Ellen petitioned the court to determine child support and other relief. After the parties completed discovery, a hearing was held. Martin testified at the hearing that he was currently unemployed and lives off the assets that were awarded to him as his part of the marital estate. Each month he withdraws about $8,500 a month from his savings accounts to meet his expenses. Based on Martin's testimony and the evidence presented at the hearing, the court [352 Ill.Dec. 761]

[954 N.E.2d 844]

ordered Martin to pay $2,000 a month in child support. Martin appeals from the court's order.¶ 5 Analysis

¶ 6 The guidelines in section 505 of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/505 (West 2010)) provide that a parent with two children should pay 28% of his or her “net income” for child support. The Act allows the court to deviate from the guidelines depending upon several factors, including the financial resources and needs of the child, the financial resources and needs of the custodial parent, and the financial resources and needs of the noncustodial parent. 750 ILCS 5/505(a)(2) (West 2010). The Act defines “net...