In Re Marriage of Hightower
294 Ill. Dec. 450, 358 Ill. App. 3d 165, 830 N.E.2d 862 (2005)
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Rule of Law:
A court may not incorporate a settlement agreement's child support provision that deviates from statutory guidelines unless it first hears evidence on relevant statutory factors, considers the child's best interests, and makes express findings on the record stating the guideline amount and the reason for the deviation.
Facts:
- Belinda A. Hightower and Larry M. Hightower were married on August 18, 1984, and had one child, Christopher, born in 1989.
- During marital counseling between 1995 and 1997, Larry admitted to Belinda that he had been unfaithful.
- In the fall of 1996, Larry told Belinda that he had fathered another child, Lauren, who was born in 1986.
- The couple continued to live together, share a room, engage in an intimate relationship, and attend marriage retreats until Belinda filed for divorce in May 2001.
- Larry moved out of the marital home around August 31, 2001.
- On January 16, 2003, the parties signed a 'Memorandum of Settlement' which provided that child support was 'reserved' (set at zero) in consideration for Belinda's waiver of spousal maintenance.
Procedural Posture:
- Belinda A. Hightower (petitioner) filed a petition for dissolution of marriage against Larry M. Hightower (respondent) in the circuit court of Lake County, citing irreconcilable differences.
- Petitioner later filed a petition for a finding of dissipation of marital assets.
- After the parties signed a settlement agreement, petitioner sought to amend her petition to allege adultery as the grounds for dissolution.
- The trial court denied petitioner's request to amend but granted her leave to file a new petition alleging adultery.
- A trial was held on the grounds for dissolution, where respondent raised the affirmative defense of condonation.
- The trial court found that respondent had proven the defense of condonation and ruled the dissolution should be granted on the grounds of irreconcilable differences.
- On October 8, 2003, the trial court entered a final judgment of dissolution which incorporated the parties' settlement agreement.
- The trial court denied petitioner's motion to reconsider the judgment.
- Petitioner (appellant) appealed the judgment to the Illinois Appellate Court.
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Issue:
Does a trial court err by incorporating a settlement agreement's child support provision into a dissolution judgment when the provision deviates from statutory guidelines without making the specific findings required by section 505 of the Illinois Marriage and Dissolution of Marriage Act?
Opinions:
Majority - Justice Grometer
Yes. A trial court errs by adopting a child support agreement that deviates from statutory guidelines without adhering to the mandatory procedures of section 505 of the Act. While parties are encouraged to settle, a court is not bound by agreements concerning child support, as the court has an independent duty to safeguard the child's best interests. Citing In re Paternity of Perry, the court held that before approving a deviation from the guidelines, the trial court must hear evidence on the relevant statutory factors, make an express finding that applying the guidelines would be inappropriate, and state on the record the guideline amount and the reason for the variance. Here, the trial court failed to hear such evidence or make the required findings, necessitating a reversal and remand on the issue of child support. The court affirmed the trial court's finding of condonation regarding the adultery claim, as evidence showed Belinda forgave Larry and continued the marital relationship for years after learning of his infidelity.
Analysis:
This decision reinforces the principle that child support is a right belonging to the child, not the parents, and cannot be contracted away without judicial oversight. It clarifies that the procedural requirements of section 505 of the Illinois Marriage and Dissolution of Marriage Act are mandatory, not discretionary, even when parents reach an amicable settlement. The ruling serves as a strong reminder to trial courts of their gatekeeping role in protecting the financial well-being of children in dissolution proceedings, ensuring that any deviation from statutory guidelines is rigorously justified and documented for the record.
