In re Marriage of Turk, 2013 IL App (1st) 122486

1) Case citation and parties
In re Marriage of Turk, 2013 IL App (1st) 122486. Petitioner-Appellee: Iris Turk; Respondent-Appellant: Steven Turk; Third‑Party Respondent: Jennifer Turk.

2) Key legal issues
- Whether a trial court has authority under section 505 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/505) to order a custodial parent to pay child support to a noncustodial parent.
- Whether the trial court abused its discretion in (a) ordering the custodial father to pay child support to the mother and (b) allocating all uninsured medical expenses to him without an adequate evidentiary basis and proper calculation under the statute and guidelines.

3) Holding / outcome
The Appellate Court (1st Dist.) held that a trial court does have authority under §505 to order a custodial parent to pay child support to a noncustodial parent and may allocate uninsured medical expenses to one parent. However, the court reversed and remanded because the trial court failed to make its support award based on competent, current evidence and did not conduct the necessary evidentiary inquiry to calculate the correct amount under §505 and the guidelines.

4) Significant legal reasoning
- Authority: The appellate court confirmed that §505 supports child‑support obligations running to either parent depending on custody/possession arrangements; the statute and court’s equitable powers permit support awards to a noncustodial parent where circumstances justify it.
- Evidentiary / calculation requirements: The court found error in the trial court’s reliance on stale or inadequate financial disclosures and in failing to hold an evidentiary hearing on the mother’s actual expenses as a noncustodial parent. A post‑decree shift in physical custody and parenting time requires up‑to‑date evidence (income, current parenting time allocation, actual child expenses) and appropriate use of the child‑support guidelines or a documented deviation.
- Allocation of uninsured medical expenses may be made entirely to one parent, but such an order likewise must be supported by the record and tied to the statutory factors.

5) Practice implications
- Counsel must develop a current, detailed evidentiary record when seeking or defending post‑decree support modifications: updated 13.3.1 disclosures, child‑support worksheets, proof of actual child expenses, and clear parenting‑time accounting.
- If custody/possession shifts, be prepared to argue that support can run to either parent and show (or rebut) necessity using §505 factors and guideline calculations; request specific findings if a deviation is sought.
- When uninsured medical expenses are at issue, quantify anticipated out‑of‑pocket costs and justify allocation in the record. Absent adequate evidence, appellate courts will remand for an evidentiary hearing and recalculation.