Mother took Father back to court for an increase in child support. There had been an increase in income for Father. Mother testified that the children’s expenses had increased.
The court said that it did not matter if the children’s needs had increased. Child support obligations may be increased based upon an increase in Father’s pay. And the children’s needs may be presumed. They have grown older. The cost of living has risen. Mother had a monthly shortfall in her ability to pay expenses for the children.
Father wanted to know what portion of each expense went to the children. This is often a concern of the person who pays child support. The court said that Mother was not required to list specific dollar amounts for each expense item.
Father also argued that he should not have to pay any of Mother’s attorney fees. She worked at the law firm of her attorney. She did not have to pay the attorney fees.
The court properly awarded attorney fees. They were to be paid to her attorney.
The court said that Mother had to return to court on a contempt petition against Father. He had not been following two court orders. The statute for paying the other party’s attorney fees is used for sanctioning the party that does not follow court orders. It does not matter that Mother did not owe the attorney fees herself. The attorney did the work and should be paid.
In re Marriage of Putzler, 2013 IL App (2d) 120551.
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