In re Marriage of Ito, 2025 IL App (3d) 240641-U
2-615 Dismissal Improper for Support Modification Claims
Trial court erred in dismissing child support modification motion under section 2-615. Courts must accept well-pled facts as true and cannot decide merits on motion to dismiss. Allegations of unemployment and reduced income after imputed income determination state valid basis for modification.
Facts
Nina Ito sought increased child support from Teruaki Ito, alleging she was unemployed with substantially reduced income despite the marital settlement agreement imputing $60,000 annual income to her. The trial court granted Teruaki's section 2-615 motion to dismiss Nina's modification request.
Issue
Whether the trial court properly dismissed a child support modification motion when the petitioner alleged substantial reduction in income after the MSA had imputed income to her.
Holding
The appellate court reversed and remanded, holding the trial court erred in granting the 2-615 dismissal. Nina's allegations of unemployment and reduced income, if proven, could constitute substantial change in financial condition warranting modification despite the MSA's imputed income provision.
Key Reasoning
- Section 2-615 motions test only legal sufficiency of pleadings, not substantive merits
- Courts must accept well-pled facts and reasonable inferences as true on motion to dismiss
- Allegations of unemployment and materially reduced income state prima facie basis for modification under Pettifer standard
- Dismissal appropriate only if no set of facts consistent with pleadings would entitle movant to relief
Practical Impact
For Petitioners
Plead specific factual allegations about income changes, dates of unemployment, disability status, and current financial condition to survive dismissal motions
For Respondents
Use section 2-619 motions with documentary evidence rather than 2-615 when relying on clear contractual bars to modification
When This Applies
Applies when MSA language is contradictory or ambiguous about imputed income; may not apply if MSA clearly bars modification regardless of income changes
Statutes Cited
Citation Network
This Case Cites
- In re Marriage of Pettifer
- Patrick Eng'g
- Jane Doe-3
- Khan
- Nyhammer
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