In re Marriage of Izzo, 2019 IL App (2d) 180623

Case citation and parties
- In re Marriage of Izzo, 2019 IL App (2d) 180623 (Oct. 15, 2019).
- Petitioner-Appellee: Kris M. Izzo. Respondent-Appellant: Robert J. Izzo.
- Appellate decision: Reversed and remanded to the Du Page County circuit court.

Key legal issues
- Whether a change in custodial time (from ~15% to ~43–45% overnight parenting time) constitutes a “substantial change in circumstances” sufficient to modify a child-support order.
- Proper temporal comparator for measuring changed circumstances (time of most recent support judgment vs. some intermediate time).
- Whether other claimed changes (increases in the other parent’s wealth; the payor’s retirement/voluntary unemployment) independently justify modification.

Holding / outcome
- The appellate court reversed. It held the increase in Robert’s custodial time—measured against the most recent child-support judgment—was a substantial change in circumstances that justified revising child support. The case was remanded for recalculation of support in light of that custody change. On remand the trial court may consider Kris’s wealth and Robert’s retirement/unemployment in setting the new support amount.

Significant legal reasoning
- Temporal comparator: The court emphasized that changed circumstances must be evaluated by comparing the circumstances at the time of the petition to the circumstances at the time of the most recent support order. The trial court erred by treating the custody change as “too remote” because it occurred some years before the petition but after the original judgment.
- Custody change alone sufficient: The court found the custody shift (from ~15% to ~45% overnight parenting for the payor) alone establishes the substantial change required to modify child support; therefore, appellate review did not need to (and did not) resolve whether Kris’s increased assets or Robert’s retirement independently qualified.
- Voluntary unemployment: The appellate opinion did not foreclose consideration of voluntariness of a payor’s unemployment/retirement on remand; it merely limited appellate review to the custody-change error and permitted the trial court to consider the other factors when recalculating support.

Practice implications
- When seeking or defending a support modification, compare current circumstances directly to the most recent support order — changes occurring anytime after that order can be material even if they predate the petition.
- Significant increases in custodial time can by themselves justify downward modification of support; counsel should quantify overnight/time-share changes precisely and present supporting records.
- Preserve and develop evidence about employment changes (written orders, communications, job-search efforts) to address voluntariness of unemployment/retirement.
- Be prepared to present the court with a comprehensive recalculation combining custody, income (including passive income and asset-derived support capacity), and any voluntary/involuntary status of employment.