In re Marriage of Kinsella, 2025 IL App (3d) 240144-U
Expense Allocation Requires Proper Statutory Vehicle
Trial court properly denied child support modification absent substantial change in circumstances but abused discretion in setting children's expenses post-judgment without following proper modification procedures. Courts must distinguish between setting expenses under section 505 versus modifying final judgments under section 510.
Facts
Donielle and Michael Kinsella divorced with a judgment that omitted allocation of children's expenses. Post-divorce, Michael sought child support modification while Donielle requested the court to set the children's expenses. The trial court denied the modification but granted Donielle's expense request.
Issue
Whether the trial court properly handled post-judgment requests to modify child support and set children's expenses when the original dissolution judgment omitted expense allocation.
Holding
The appellate court affirmed denial of child support modification for lack of substantial change but vacated the expense allocation, finding the trial court abused its discretion by treating a post-judgment expense request as section 505 relief rather than section 510 modification. Attorney fees award was affirmed.
Key Reasoning
- Child support modification requires substantial change in circumstances, which was not proven despite respondent's income claims
- Trial court properly credited documentary evidence over respondent's testimony regarding financial changes
- Post-judgment requests to allocate expenses typically require section 510 modification procedures, not section 505 relief
- Courts cannot circumvent modification standards by recharacterizing requests as expense-setting matters
Practical Impact
For Petitioners
Ensure dissolution judgments explicitly allocate all child-related expenses to avoid procedural complications in future enforcement or modification requests
For Respondents
Challenge post-judgment expense requests that should proceed under modification standards rather than initial expense-setting procedures
When This Applies
Applies when final judgments omit expense allocations; distinguish from cases involving true initial expense determinations under section 505
Statutes Cited
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