In re Marriage of Pace, 2025 IL App (2d) 240392-U
Evidentiary Hearing Required for Permanent Support Modification
Trial courts must hold full evidentiary hearings before modifying permanent child support when material facts are contested. Summary procedures apply only to temporary support modifications under the IMDMA. Courts cannot make factual findings without an evidentiary record, requiring proper discovery completion before hearings.
Facts
Craig and Catherine Pace divorced with permanent child support established. Craig petitioned to modify the permanent child support order. The trial court conducted only a 'summary hearing' without taking evidence, made factual findings including imputing income to Catherine, and modified the support order despite incomplete discovery including missing 2023 W-2s and 1099s.
Issue
Whether a trial court can modify permanent child support through a summary hearing without taking evidence when material facts regarding income are contested.
Holding
The appellate court vacated the support modification and remanded, ruling that full evidentiary hearings are required for permanent support modifications when facts are contested. Summary procedures under the IMDMA apply only to temporary support orders, and courts cannot make factual findings without an evidentiary basis.
Key Reasoning
- Summary procedures permitted by IMDMA apply only to temporary support modifications, not permanent support orders
- Court improperly made factual findings about income imputation without any evidentiary record to support such findings
- Precedent from Burbridge and Staszak requires dismissal when material facts are contested but no evidence is presented
- Incomplete appellate record did not preclude relief where transcript clearly showed absence of required evidentiary hearing
Practical Impact
For Petitioners
Ensure complete financial discovery is obtained before support modification hearings and be prepared to present evidence at full evidentiary hearings rather than relying on summary procedures
For Respondents
Challenge any attempt to modify permanent support through summary procedures and demand full evidentiary hearings when income or other material facts are disputed
When This Applies
This rule applies to permanent support modifications with contested facts, but summary procedures remain available for temporary support orders and uncontested permanent modifications
Statutes Cited
Citation Network
This Case Cites
- In re Marriage of Burbridge
- In re Marriage of Staszak
- Foutch v. O'Bryant
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