In re Marriage of Pearce, 2021 IL App (1st) 201185‑U (1st Dist. Sept. 30, 2021)

Parties: Francine Pearce (petitioner‑appellee) v. Rodney Falls (respondent‑appellant). (Cook County No. 10 D 630043.) Order filed under Ill. S. Ct. R. 23.

Summary (concise)

1) Key legal issues
- Whether the trial court abused its discretion in finding respondent in indirect civil contempt for unpaid child support and unpaid medical/dental expenses.
- Whether the appellate court had jurisdiction to review respondent’s pending motion to modify child support (and to reduce future payments after the modification filing).

2) Holding / outcome
- The appellate court affirmed the trial court’s contempt adjudications and the monetary arrearages.
- The court dismissed (declined to reach) respondent’s challenge regarding his pending motion to modify child support for lack of jurisdiction.

3) Significant legal reasoning
- Record deficiency: The appellate record lacked a report of proceedings (transcript), a bystander’s report, or an agreed statement of facts. Under Ill. S. Ct. R. 321/323 and controlling appellate practice, absence of a transcript requires the reviewing court to presume the trial court’s rulings conformed to law and had a sufficient factual basis. Because respondent failed to supply the record of what occurred at trial, the appellate court could not review factual sufficiency or credibility determinations and therefore affirmed.
- Contempt findings: The trial court found respondent had unpaid child support ($74,223.09 including interest) and unpaid medical judgment amounts ($7,300.73 including interest), concluded he had the ability to pay more than he did, and adjudicated indirect civil contempt. The court stayed commitment to jail to allow purge payments. The appellate court accepted these factual findings in the absence of a transcript.
- Jurisdictional limits: The court emphasized appellate jurisdiction is limited to review of final judgments. Respondent’s motion to modify child support had not produced a final, appealable order as to future payments; accordingly, the appellate court dismissed that aspect of the appeal for lack of jurisdiction.

4) Practice implications (for family-law practitioners)
- Preserve the record: obtain and lodge transcripts, a bystander’s report, or an agreed statement of facts if you intend to challenge factual findings on appeal. Failure to do so generally forfeits review.
- Do not record or otherwise jeopardize procedural posture: the respondent was excluded at trial for recording proceedings; that complicated review.
- Develop and preserve evidence on ability to pay, equitable‑estoppel claims (e.g., child living with parent), and any alleged change in circumstances when seeking modification; secure a final, appealable ruling on modification before appealing.
- When enforcing arrearages, pursue clear final adjudications (with clerk’s entries and transcript) to ensure issues are reviewable.