Court ordered Husband to pay 25% of his net income from his job wages. In addition, 25% of his net income from his monthly military pension. Husband appealed.
He argued that the Judgment had given Wife a share of his retirement benefits. He argued that the trial court was wrong in using his retirement benefits now to determine the proper level of child support.
Husband’s says that another case states that an item may be a marital asset or income, but not both. The Appellate Court said that may be. But, we won’t follow that law. The facts of this case are completely different. Also, the other court’s ruling does not follow the clear terms of the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Therefore, the current court did not have to do what that other court did.
The Appellate Court said the IMDMA defines net income. It is the total of all income from all sources. There are certain listed deductions. Military retirement pay is not one of the listed exceptions.
Also, there is nothing in the Act to authorize excluding from child support any income received by a noncustodial parent simply because it was previously classified as marital property.
However, the fact of its classification as marital property before the date Husband began collecting it in monthly installments does not bar it from use in determining net income for child support.
The Appellate Court said that it would be adding provisions to the Act that do not exist. It cannot classify the retirement income in the way Husband asked for.
Wife’s maintenance was to stop when she was to receive monthly income from her share of the military pension that she had received in the divorce. That would be income to her. Husband’s share was income to him.
IRMO Klomps, 286 Ill. App.3d 710.
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