In re Marriage of Turk, 2014 IL 116730

1. Case citation and parties
- In re Marriage of Turk, 2014 IL 116730 (Ill. June 19, 2014).
- Petitioner/Appellant: Steven Turk. Respondent/Appellee: Iris Turk.

2. Key legal issues
- Whether 750 ILCS 5/505 permits a trial court to order child support payments to a noncustodial parent (i.e., require a custodial parent to pay support).
- If authorized, whether the trial court abused its discretion in awarding $600/month to the noncustodial parent and in allocating uncovered medical/dental expenses.

3. Holding/outcome
- The Illinois Supreme Court held that section 505 authorizes courts to order “either or both” parents to pay child support and to allocate other child-related expenses; custody status alone does not preclude an award to a noncustodial parent.
- The appellate court’s determination that the statute allows such awards was affirmed in part; however, the portion of the trial court’s judgment awarding $600/month was reversed for lack of factual support and remanded for further proceedings and clearly articulated findings. The trial court’s allocation of uncovered healthcare expenses to the higher‑earning parent was upheld.

4. Significant legal reasoning
- Statutory text governs: section 505(a) uses the unambiguous language “order either or both parents owing a duty of support,” and subsection (a)(2) lists nonexclusive best‑interest factors including the financial resources/needs of both custodial and noncustodial parents.
- The Court rejected a categorical rule that only noncustodial parents can be ordered to pay; nothing in the statute makes custody dispositive.
- Deviation from guideline calculations is permissible but requires reasoned findings addressing the statutory factors; the record here did not support the specific $600 figure (the trial court failed to explain what visitation‑related costs the noncustodial parent incurred or otherwise justify the deviation).

5. Practice implications (concise)
- Courts may order support to a noncustodial parent where circumstances (e.g., disparate incomes, visitation expenses) make it appropriate—custody label is not determinative.
- When deviating from the statutory guideline or awarding support to a custodial parent, judges must make explicit, fact‑based findings tying the award to section 505 factors and the best interests of the child.
- Counsel should develop and preserve evidence of actual child‑related expenses (including costs incurred during visitation), each parent’s income/needs, and medical/educational expenses; request and produce financial discovery.
- When litigating allocation of uncovered healthcare costs, courts may allocate responsibility based on fairness and means; however, allocation and any support award require clear findings on the record.