Response to Motion to Dismiss Amended Petition for Support  (Doc 16)
Judgement for the Dissolution of Marriage

IN THE CIRCUIT COURT OF XXXXXXXXXXX COUNTY, XXXXXXXXXXX COUNTY DEPARTMENT, DOMESTIC RELATIONS DIVISION

RESPONSE TO MOTION TO DISMISS AMENDED PETITION FOR SUPPORT

NOW COMES the Respondent, XXXXXXXXX, by and through her attorney, XXXXXXXXX, LLC, and in Response to Petitioner's Motion to Dismiss Amended Petition for Support, states as follows:

Paragraph 1 purports to quote the Joint Parenting Agreement, and requires no response. To the extent that the text in Paragraph 1 of the Motion does not precisely quote the Joint Parenting Agreement, it is denied.

Paragraph 2 purports to quote the Joint Parenting Agreement, and requires no response. To the extent that the text in Paragraph 2 of the Motion does not precisely quote the Joint Parenting Agreement, it is denied.

Paragraph 3 purports to quote the Joint Parenting Agreement, and requires no response. To the extent that the text in Paragraph 3 of the Motion does not precisely quote the Joint Parenting Agreement, it is denied.

XXXXXXXXX moves to strike Paragraph 4 of the Motion as it runs afoul of 735 ILCS 5/2-603(a) in that it does not "contain a plain and concise statement of the pleader's cause of action, counterclaim, defense, or reply," in that Petitioner's Motion uses ambiguous language such as "several disagreements" and "many occasions."

In the alternative, XXXXXXXXX states AFFIRMATIVELY that the Amended Petition for Modification of Child Support does not present the question about making decisions on behalf of the minor child, but how much the non-custodial parent should contribute to those expenses.  In addition, the Joint Parenting Agreement is silent on allocating the expenses and the Court should make that determination for the best interests of the minor. Further, and in the alternative, Respondent admits that she and the Petitioner have had several disagreements over the minor child's care and has made decisions in the best interest of the minor child, but states AFFIRMATIVELY that such decisions have not risen to the level of "vital" and "major" as defined in the Joint Parenting Agreement Paragraphs 5 and 9. XXXXXXXXX states AFFIRMATIVELY that pursuant to Paragraphs 5 and 9 of the Joint Parenting Agreement that she and the Petitioner must only discuss "major" and "vital" decisions regarding the minor child. Even if the Court finds that such decisions for which XXXXXXXXX is asking contribution require mediation, XXXXXXXXX has approached the Petitioner in the past (most recently in April of 2014) with the prospect of going to mediation, but Petitioner was non-responsive.

XXXXXXXXX moves to strike Paragraph 5 of the Motion as it fails to allege specific facts. In the alternative, XXXXXXXXX lacks sufficient information to admit or deny the allegations contained in Paragraph 5 of the Motion and therefore denies the allegations and demands strict proof thereof. In the alternative, XXXXXXXXX denies the allegations contained in Paragraph 5 as stated. Further, XXXXXXXXX states AFFIRMATIVELY that the Petitioner mischaracterizes the nature of this dispute as it is a contribution matter, not a decision-making issue. Further, XXXXXXXXX maintains that she informed Petitioner about many of her decisions and proposed ideas concerning the best interest of the minor child, and such communications went without a response.

XXXXXXXXX admits that the Joint Parenting Agreement is a contractual document between the parties, which has been approved by the Court and incorporated into the Judgment for Dissolution of Marriage. XXXXXXXXX denies the remaining allegations contained in Paragraph 6 of the Motion. Further, XXXXXXXXX states AFFIRMATIVELY that the Petitioner once again not only mischaracterizes the nature of the issue before the Court, but also woefully mischaracterizes what the Joint Parenting Agreement provides for.

XXXXXXXXX moves to strike Paragraph 7 of the Motion as it contains a thinly veiled prayer for relief. In alternative, XXXXXXXXX denies the allegations contained in Paragraph 7 of the Motion and states AFFIRMATIVELY that she attempted to seek mediation between she and the Petitioner, but her pleas went unanswered. Finally, XXXXXXXXX states AFFIRMATIVELY that she attempted to get the Petitioner to submit to mediation, but her requests went unanswered. The Petitioner now comes to Court with unclean hands demanding that these issues be subject to mediation when he has stonewalled attempts at mediation in the past.

The first sentence in Paragraph 8 purports to quote the statute, and requires no response. To the extent that the text the first sentence in Paragraph 8 of the Motion does not precisely quote the statute, it is denied. XXXXXXXXX denies the remaining allegations in Paragraph 8 of the Motion and states AFFIRMATIVELY that the Petitioner once again misunderstands the nature of this case as not being a contribution matter. Further, XXXXXXXXX states AFFIRMATIVELY that in the event the matters before the Court require mediation, she attempted to seek mediation with the Petitioner, but to no avail. The Petitioner now comes to Court with unclean hands demanding that these issues be subject to mediation when he has stonewalled attempts at mediation in the past.

Note:  As mentioned earlier, I had requested, via email, that Mr. X and I pursue mediation in April of 2014.  This email went un-responded to and Karl used it to show Mr. X's "unclean hands."  Mr. X had ignored my request for mediation, but now was trying to use it as a defense to my petition.  This is "unethical" in the court's eyes.   It was dumb luck on my part that I had made this request.

The first sentence in Paragraph 9 purports to quote the statute, and requires no response. To the extent that the text the first sentence in Paragraph 9 of the Motion does not precisely quote the statute, it is denied. XXXXXXXXX denies the remaining allegations in Paragraph 9 of the Motion and states AFFIRMATIVELY that the Petitioner once again (and for the final time in this response) misunderstands the nature of this case as not being a contribution matter. Further, XXXXXXXXX states AFFIRMATIVELY that in the event the matters before the Court require mediation, she attempted to seek mediation with the Petitioner, but to no avail. The Petitioner now comes to Court with unclean hands demanding that these issues be subject to mediation when he has stonewalled attempts at mediation in the past.

WHEREFORE, Respondent, XXXXXXXXX, respectfully requests that this Honorable Court:

Deny the Motion to Dismiss Amended Petition for Support;

Alternatively submit Counts I-III of the Amended Petition for Modification of Child support to Mediation, and assign all related costs, if any, to the Petitioner;

Grant attorney's fees and costs for defending against this Motion to Dismiss;

Grant such other relief as deemed just and equitable under the facts and circumstances of this cause.

IN THE CIRCUIT COURT OF XXXXXXXXXXX COUNTY, XXXXXXXXX COUNTY DEPARTMENT, DOMESTIC RELATIONS DIVISION

AMENDED PETITION FOR MODIFICATION OF CHILD SUPPORT

NOW COMES Respondent, XXXXXXXXX, Pro Se, and pursuant to Sections 505 and 510 of the  XXXXXXXXX Marriage and Dissolution of Marriage Act ("IMDMA") 750ILCS 5/505 and 5/510, petitions this Honorable Court for modification of the Petitioner's, XXXXXXXXX, child support obligation established on April 8, 2014. In support of her Petition, XXXXXXXXX states as follows:
XXXXXXXXX and XXXXXXXXX were married on February 3, 2005 and their marriage was dissolved on March 3, 2009.  A copy of the Judgment of Dissolution is attached hereto as Exhibit A.
One child was born of the marriage, namely XXXXXXXXX, born 2005.
The Court expressly retained jurisdiction for the purposes of enforcing the Judgment of Dissolution of Marriage.
On November 1, 2013, this Court entered a needs based child support order for the minor child in the amount of $3,202.00 per month.
On April 8, 2014, this Court vacated the November 1, 2013 child support order and entered a new order in the amount of $764.00 per month.  A copy of the April 8, 2014 order is attached hereto as Exhibit B.
On April 8, 2014, this Court also granted XXXXXXXXX leave to file an Amended Petition for Modification of Child Support.
Since the date of the Judgment for Dissolution of Marriage there have been substantial changes in circumstances and the child's expenses have increased.  At the time of the Judgment, the child was 4, and is now 8 and attending private school, participating in extracurricular activities, and partaking in a unique dietary regime due to severe allergies.  All of these issues present significant expenses that are incurred in the best interests of the minor child.
COUNT I:  EDUCATION EXPENSES
XXXXXXXXX realleges and reaffirms the allegations contained in paragraphs one through seven of this Petition as if fully set forth herein.
At the time of the Judgment for Dissolution, the minor child was in the process of being enrolled in XXXXXXXXX School for pre-Kindergarten. This school presented an additional cost of over $3,000 per year.
Although pursuant to the Joint Parenting Agreement, XXXXXXXXX never agreed to this enrollment decision, he did acquiesce to the enrollment.  Further, XXXXXXXXX even dropped the minor child off at the first day for school.
XXXXXXXXX never contributed to the costs of XXXXXXXXX although tacitly agreeing to the enrollment.
On or about the winder of 2012/2013, XXXXXXXXX learned that XXXXXXXXX would be closing and would have to find a new school for the minor child.  After diligently searching for schools, XXXXXXXXX found a match for the minor child at the XXXXXXXXXXXXXXXXXX School.
XXXXXXXXX contacted XXXXXXXXX about the minor child's enrollment on or about January/February 2013.  Originally, XXXXXXXXX responded affirmatively to the decision, but later reneged after becoming aware that he would have to contribute financially to the education of the minor child.
After learning about XXXXXXXX failure to contribute, XXXXXXXXX contacted XXXXXXXXX parents to bear some of the financial burden that XXXXXXXXX was unwilling to shoulder.  XXXXXXXXX parents assisted with the 2013/2014 tuition with a check for XXXXX to the school.
The XXXXXXXXXXXXXXXXXX School tuition stands at approximately XXXXX per year.  XXXXXXXXX should contribute to the expenses for schooling that present a substantial change in circumstances since the March 2009 Judgment.
WHEREFORE, Respondent XXXXXXXXX respectfully requests that this Honorable Court:
Award Respondent additional support for the minor child pursuant to the 750 ILCS 5/505(a)(2.5) to cover at least half of the education costs;
Grant such other further relief as this Court may deem just and equitable under the facts and circumstances of this case.
COUNT II:  EXTRACURRICULAR ACTIVITIES
XXXXXXXXX realleges and reaffirms the allegations contained in paragraph one through sixteen of this Petition as if fully set forth herein.
The minor child is currently enrolled in Kung Fu, a program he thoroughly enjoys, at a cost of $150.00 per month.
The minor child is also enrolled in classical guitar at a cost of $900.00 per year. XXXXXXXXX is aware of this expense and has even enjoyed one of the minor child's concerts, while contributing nothing to the lessons.
The minor child is enrolled in swimming classes with a cost of $900.00 per year. For the coming months, the minor child is enrolled in Kung Fu Camp, at $100 per week; Music Camp, at $200 per week; and math tutoring at $285.00 per month.  All of the activities are not only necessary for XXXXXXXXX to maintain employment, but they are in the best interests of the minor child by providing him great experiences and positive role models.
WHEREFORE, Respondent, XXXXXXXXX respectfully requests that this Honorable Court:
Award Respondent additional support for the minor child pursuant to the 750 ILCS 5/505(a)(2.5) to cover at least half of the education costs;
Grant such other further relief as this Court may deem just and equitable under the facts and circumstances of this case.
COUNT III:  DIETARY AND HEALTH NEEDS
XXXXXXXXX realleges and reaffirms the allegations contained in paragraph one through twenty-two of this Petition as if fully set forth herein.
The Joint Parenting Agreement, attached hereto as Exhibit C, made the following finding under paragraph 6: "The parties' acknowledge that [the minor child] presently suffers from severe, life threatening food allergies..."  Following this finding, XXXXXXXXX has struggled to find a proper regimen of food, dietary supplements, and other aids to help the minor child.  
For example the minor child requires camel milk for protein and assistance with weight gain, which costs up to $600 per month.  
Aside from allergies, the minor child suffers from asthma, which imposes additional costs for treatment and management.
XXXXXXXXX has not met the minor child's needs with any additional support for him.  
XXXXXXXXX has been left as solely responsible for these costs as well as assisting the minor child with doctor's visits and other visits related to health care for the minor child.
WHEREFORE, Respondent, XXXXXXXXX respectfully requests that this Honorable Court:
Award Respondent additional support for the minor child pursuant to the 750 ILCS 5/505(a)(2.5) to cover at least half of the dietary and health costs;
Require the XXXXXXXXX to maintain health insurance for the minor child if available through his employment;
Grant such other further relief as this Court may deem just and equitable under the facts and circumstances of this case.
COUNT IV:  CONCEALED INCOME
XXXXXXXXX realleges and reaffirms the allegations contained in paragraph one through twenty-eight of this Petition as if fully set forth herein.
750ILCS 505(a)(4) states:
"If the net income [for child support] cannot be determined because of default or any other reason, the court shall order support in an amount considered reasonable in a particular case..." (brackets and emphasis added)
At the time of the marriage, XXXXXXXXX owned and operated a film equipment rental company doing business as XXXXXXXXX.  XXXXXXXXX earned up to $1800 per day for the labor and equipment.
Following the dissolution of the marriage, XXXXXXXXX dissolved XXXXXXXXX and bankrupted his trucking business.  Between these two businesses, XXXXXXXXX was able to provide a very comfortable living for the parties and the minor child as his income was generally above $100,000 per year.  However, and following a recent 13.3.1 Financial Disclosure Form, XXXXXXXXX now reports an income of less than half that amount.
Even with a substantially lower reported income, XXXXXXXXX is still able to live a very comfortable life, residing in a 1600 square foot lake house, owning a 21-foot speedboat and other luxuries.
In the meantime, and suspiciously enough, XXXXXXXXX new girlfriend, XXXXXXXXX, opened up a film equipment rental business, XXXXXXXXX following the dissolution of XXXXXXXXX own business.  Further, XXXXXXXXX experience in the field of film equipment is extremely limited, if she possess any at all.
Upon information and belief, XXXXXXXXX is using XXXXXXXXX as a vehicle to conceal income for the purposes of evading child support.  This information has caused XXXXXXXXX to propound additional discovery on businesses and individuals who have done business with XXXXXXXXX  as XXXXXXXXX's cellphone number is listed on XXXXXXXXX invoices and various individuals recall XXXXXXXXX's attendance on work days on which XXXXXXXXX billed for performing services.
In the alternative, XXXXXXXXX dissolution of business from which he earned a substantial income is voluntary underemployment and should not provide him with a way of dodging his child support obligation.
In October of 2013, XXXXXXXXX informed XXXXXXXXX of her going to court to modify child support. XXXXXXXXX responded, "Was thinking 'bout everything can't get to court on the day you requested, however I am willing to adjust the amount based on my current amount."  He then sent a check to the child support services department for $1000.  In the 30 days leading up to that check he paid a total of $1638.85.
When called upon XXXXXXXXX was able to make a substantial contribution to the support of the minor child, which based upon the official amounts of income he officially shows, would be a tremendous financial burden.
HEREFORE, Respondent, XXXXXXXXX respectfully requests that this Honorable Court:
Allow XXXXXXXXX to propound further discovery on XXXXXXXXX and other businesses or people who have done business with XXXXXXXXX;
Impute additional income on the Respondent pursuant to 750 ILCS 5/505(a)(4);
Award a child support amount pursuant to the factors listed in 750 ILCS 5/505 with an upward deviation from guidelines;
Grant such other further relief as this Court may deem just and equitable under the facts and circumstances of this case.