In re Marriage of Whitaker, 2021 IL App (5th) 200168-U

1. Case citation and parties
- In re Marriage of Whitaker, 2021 IL App (5th) 200168‑U (Ill. App. Ct. 5th Dist. June 21, 2021) (Rule 23 order; non‑precedential).
- Petitioner‑Appellant: William R. Whitaker. Respondent‑Appellee: Maryssa A. Whitaker.

2. Key legal issues
- Whether the trial court erred in allocating parenting time without (or without adequate consideration of) a formal parenting plan and whether that allocation was against the manifest weight of the evidence given changed circumstances (respondent’s new employment/school schedule).
- Whether the trial court erred in calculating child support (including use of VA disability income and failure to apply the statutory child support guidelines in effect at the time of judgment).

3. Holding/outcome
- The appellate court reversed the trial court’s March 2, 2018 judgment insofar as it (a) allocated parenting time and (b) set child support/arrearage. The matter was remanded for further proceedings consistent with the opinion.

4. Significant legal reasoning (concise)
- Parenting time: The Fifth District found the trial court failed to adequately account for the parties’ changed circumstances before making a final allocation of parenting time. Although the trial court had entered and later modified temporary orders reflecting respondent’s employment/school schedule, it did not meaningfully reopen or assess evidence of the changed facts when issuing final parenting‑time findings. A final allocation must be supported by consideration of (and findings about) material changes and the children’s best interests; failure to do so is reversible as against the manifest weight of the evidence.
- Child support: The trial court calculated child support as 28% of petitioner’s VA disability pay based largely on petitioner’s testimony without corroborating exhibits and without applying the statutory guidelines then in effect (750 ILCS 5/505(a)(1.5), effective July 1, 2017). The appellate court held the trial court erred by not applying the controlling statutory formula and by relying on unsupported income evidence; issues such as anticipated reductions in VA benefits and offsets for support of other children require proper evidentiary presentation and guideline calculation.

5. Practice implications for family law attorneys
- Ensure final parenting orders explicitly address and analyze any substantial change in circumstances relied on for modification; reopen evidence or develop the record when temporary orders change material facts.
- When arguing income/support, introduce competent documentary proof (pay stubs, VA award letters, expert evidence if needed); clearly calculate support using the statutory guidelines in effect at the time of entry and account for offsets (other child support obligations).
- Preserve objections and requests for specific findings; if a trial court uses temporary orders as a basis for final relief, move to reopen or supplement the record to avoid reversible error.