The parties are involved in divorce proceedings.  The Trial Court concluded that the wife was entitled to maintenance based on 1) her earnings and her earning ability in comparison to husband’s.  2)  The standard of living during the marriage. 3) Wife’s needs.  Husband appealed.

The Appellate Court found the Trial Court had properly calculated the husband’s income for maintenance and for child support purposes.  It had  used the average of his 2016 and 2017 income.  

The Trial Court miscalculated the husband’s guideline support obligation as to the 2 children of the parties.   The Trial Court did not account for the amount of maintenance it had ordered the husband to pay to the wife.

It had failed to include the amount of maintenance in the wife’s income or subtract it from the husband’s income.  It had attributed too large a share of the parties’ combined net income to the husband.

Therefore, it had overstated his percentage share of the parties’ combined basic child support obligation. The case was sent back for the recalculation of the husband’s obligation.  And for the reconsideration of whether a deviation from the guidelines is appropriate.

In re Marriage of Gabriel, 2020 IL App (1st) 182710 (April 5, 2020) Cook Co., 4th Div. (LAMPKIN) Affirmed in part and reversed in part; remanded with directions.

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