{
  "id": 5797157,
  "name": "In re MARRIAGE OF PATRICIA EILEEN MORGAN, Petitioner-Appellant, and MARK WILLIAM MORGAN, Respondent-Appellee",
  "name_abbreviation": "In re Marriage of Morgan",
  "decision_date": "1991-10-02",
  "docket_number": "No. 5\u201490\u20140626",
  "first_page": "973",
  "last_page": "975",
  "citations": [
    {
      "type": "official",
      "cite": "219 Ill. App. 3d 973"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "545 N.E.2d 459",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
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    {
      "cite": "189 Ill. App. 3d 663",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
      "case_ids": [
        2679522
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-3d/189/0663-01"
      ]
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    {
      "cite": "571 N.E.2d 197",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "year": 1989,
      "opinion_index": 0
    },
    {
      "cite": "212 Ill. App. 3d 392",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
      "case_ids": [
        2600744
      ],
      "year": 1989,
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-3d/212/0392-01"
      ]
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  "analysis": {
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    "char_count": 2796,
    "ocr_confidence": 0.771,
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    "simhash": "1:2d4ee7d8fb8d1e11",
    "word_count": 456
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  "last_updated": "2023-07-14T21:35:35.632923+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "In re MARRIAGE OF PATRICIA EILEEN MORGAN, Petitioner-Appellant, and MARK WILLIAM MORGAN, Respondent-Appellee."
    ],
    "opinions": [
      {
        "text": "JUSTICE HOWERTON\ndelivered the opinion of the court:\nPetitioner and respondent\u2019s marriage was dissolved in 1978 and respondent was ordered to pay child support. In 1990, petitioner filed a motion to increase child support pursuant to section 510 of the Illinois Marriage and Dissolution of Marriage Act (Ill. Rev. Stat. 1989, ch. 40, par. 510).\nSection 510 provides that where a child support order was entered before the effective date of the guidelines contained in section 505, as was the case here, the party receiving the support may petition the court for a one-time modification in order to increase child support to an amount specified in section 505. Ill. Rev. Stat. 1989, ch. 40, pars. 505, 510(b).\nThe guidelines of section 505 provide that for one child, the amount of support should be 20% of the supporting party\u2019s income. In this case, although the amount of support was to increase after respondent finished making his payments in bankruptcy, the amount was still less than 20% of respondent\u2019s income. Section 505 provides further:\n\u201c(2) The above guidelines shall be applied in each case unless the court, after considering evidence presented on all relevant factors, finds a reason for deviating from the guidelines. ***\n* * *\nIf the court orders a lower award, *** it shall make express findings as to its reason for doing so.\u201d (Emphasis added.) Ill. Rev. Stat. 1989, ch. 40, par. 505(a)(2).\nIn the case at bar, the judge failed to give specific reasons for his deviation from the guidelines, stating only that \u201cthere are some circumstances here that warrant lower payment.\u201d\nPetitioner claims on appeal that: (1) the trial court\u2019s failure to modify child support in accordance with the guidelines set forth in section 505 was an abuse of discretion in the absence of specific factual findings justifying the deviation; and (2) that section 510(b) mandates that the trial court modify child support in the amounts set forth in section 505.\nThe statute and cases interpreting the statute are clear. The trial court must make express findings when ordering an award lower than that set forth in the guidelines. (In re Marriage of Wright (1991), 212 Ill. App. 3d 392, 571 N.E.2d 197; In re Marriage of Harding (1989), 189 Ill. App. 3d 663, 545 N.E.2d 459.) Merely stating that \u201cthere are some circumstances here that warrant a lower payment\u201d is insufficient. We therefore vacate and remand for further proceedings consistent with this opinion.\nVacated and remanded with directions.\nLEWIS and CHAPMAN, JJ., concur.",
        "type": "majority",
        "author": "JUSTICE HOWERTON"
      }
    ],
    "attorneys": [
      "Patrick M. McCann, of McCann & Foley, of Murphysboro, for appellant.",
      "No brief filed for appellee."
    ],
    "corrections": "",
    "head_matter": "In re MARRIAGE OF PATRICIA EILEEN MORGAN, Petitioner-Appellant, and MARK WILLIAM MORGAN, Respondent-Appellee.\nFifth District\nNo. 5\u201490\u20140626\nOpinion filed October 2, 1991.\nPatrick M. McCann, of McCann & Foley, of Murphysboro, for appellant.\nNo brief filed for appellee."
  },
  "file_name": "0973-01",
  "first_page_order": 995,
  "last_page_order": 997
}