In re Marriage of Moehring
Court: Illinois Appellate Court | Published: 3/12/2025
Marriage
Quick Summary:
<h3>Case Summary: In re Marriage of Brendan H. Moehring</h3>
<strong>Case Citation:</strong> 2025 IL App (2d) 240071-U, No. 2-24-0071, Order filed March 12, 2025
<strong>Background:</strong> Appeal...
Full Case Summary
Case Summary: In re Marriage of Brendan H. Moehring
Case Citation: 2025 IL App (2d) 240071-U, No. 2-24-0071, Order filed March 12, 2025 Background: Appeal from the Circuit Court of Kendall County between Petitioner Brendan H. Moehring and Respondent Ann L. Moehring, presided by Hon. Jody P. Gleason. The marriage was dissolved in March 2021, with both parties agreeing to equally share college expenses for their daughter, Elle, starting in 2020.Issues and Findings
- The court upheld the contempt finding against Ann for failing to pay summer 2022 tuition, which was confirmed through submitted evidence, and ruled that Ann's refusal was driven by a desire to control communications with Elle.
- Conversely, the court reversed the contempt finding regarding fall 2022 tuition, concluding Ann had paid the owed amount.
- Additionally, the court found that the trial court erroneously included spring 2023 tuition and related expenses in the purge amount calculation and failed to credit Ann for a $4,434 tuition refund received in March 2022.
- The trial court also incorrectly mandated consent forms for parent access to Elle’s grades, which violated statutory requirements under section 513(f) of the Illinois statute.
Arguments
Ann argued against the contempt ruling, citing improper calculations of owed amounts, lack of clarity in the divorce judgment regarding payment timelines, and disputing the necessity of receipts and proof for living expenses. The court dismissed these claims, asserting merit in the evidence presented by Brendan.Judgment and Remand
The court affirmed, reversed, and vacated portions of the trial court's order and remanded for further action, specifically to:- Amend the purge amount to $1,173.71 regarding summer 2022 tuition.
- Ensure all parties sign necessary consent forms for access to Elle's academic information.
- Conduct new hearings for determining appropriate attorney’s fees.
Conclusion
The circuit court's judgment was affirmed in part and reversed in part, with directions to follow proper statutory guidelines and ensure compliance with all parties involved in Elle’s education expenses.Ask AI About This Case
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