In re parentage of D.O., 2025 IL App (3d) 240645-U

Facts

Christie Capalety sought child support from Dominic O'Neill for their child D.O. in DuPage County. O'Neill failed to produce tax returns, profit and loss statements, or complete financial records despite court orders. The trial court calculated his income at $173,150.02 based on bank deposits and his admitted hourly wage, then allocated half of hockey expenses to O'Neill.

Issue

Whether the trial court abused its discretion in calculating O'Neill's income for child support when he failed to produce complete financial records and in allocating responsibility for hockey expenses.

Holding

Affirmed. The trial court did not abuse its discretion in determining O'Neill's income based on available evidence or in allocating hockey expenses. Courts may reasonably extrapolate income from bank deposits when a party fails to produce financial records within their control.

Key Reasoning

• Standard of review: Child support and arrearage findings reviewed for abuse of discretion only
• Missing evidence inference: Courts may presume withheld evidence would be adverse to the controlling party
• Credibility determination: O'Neill's inconsistent testimony and commingled accounts undermined his credibility
• Appellate record deficiency: Incomplete appellate record triggered presumption favoring trial court under Foutch doctrine