The parties’ Marital Settlement Agreement (MSA) capped child support from the Husband. He was to pay 28% of his net income up to $300,000. They agreed he would have no obligation to pay child support on the income he received above $300,000.

The wife later filed a Petition to Modify and Increase Child Support. Husband filed a Motion to Dismiss her petition. His wife made a number of arguments. (1) the children were older. (2) the children’s expenses had increased. (3) Wife’s financial resources had decreased because she was involved in an automobile accident. (4) Upon information and belief, the Husband’s income had increased.

Husband argued they had agreed on a cap for his payment of support. The Court agreed.

The wife filed a second Motion to Modify and Increase child support. This time she added another reason for the increase. She argued that setting a cap on child support was against public policy in Illinois. Husband again filed a Motion to Dismiss.

The court found that there was no change in circumstances from the time of the divorce. In the MSA, the parties anticipated the Husband’s income increased in the future. Wife appealed.

The Appellate Court did not agree that support could not be modified. It stated that the Trial Court did not explicitly find a cap on child support to be in the children’s best interests.

The fact that the parties agreed to cap child support in the MSA (Marital Settlement Agreement) was irrelevant for purposes of ruling on the wife’s 2nd petition to modify support.

In re Marriage of Barboza, 2018 IL App (2d) 170384 (December 13, 2018).

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