dissenting:
I respectfully dissent. I would reverse the decision of the trial court and remand for further consideration.
It is unusual for regular child support to continue, undiminished, after the commencement of a provision for college expenses, when those “college expenses” include room, board, and transportation. The majority gives two reasons for that unusual result here: (1) it is clearly required by the agreement of the parties, and (2) James was not paying enough child support anyway.
The language upon which the majority relies is that “James’ obligations for support *** shall continue until that child attains full emancipation,” defined as graduation from college or age 23, whichever occurs first. The majority acknowledges, however, that college expenses constitute “support.” James will be paying for Brianne’s “support” until emancipation by paying college expenses, even if he never pays another penny of regular child support to Donna. Nothing in the language of the agreement indicates that James is required to make double payments of both regular child support and college expenses. The majority’s statement that the agreement “clearly indicates the parties’ intent” (314 Ill. App. 3d at 760) for double payments is a mere ipse dixit (because we say so).
The parties estimate the college expenses to be $19,386. Brianne has a scholarship of $5,500, leaving $13,886 to be divided pursuant to the parties’ agreement. James’ share of college expenses, 80%, comes to $926 per month. If James pays both the regular child support of $960 per month plus his share of college expenses, he will pay $1,886 per month. James’ monthly net income is $7,812, which would produce a figure of $1,562 if the child support guidelines (20%) were followed, prompting the majority to complain that James was not paying enough regular child support and has no basis to complain if he is now required to make a double payment.
The guidelines provide only an approximation of what reasonable child support should be, which may be high or low in a particular case. See Department of Public Aid ex rel. Nale v. Nale, 294 Ill. App. 3d 747, 754, 690 N.E.2d 1052, 1057-58 (1998) (utility of the statutory child support guidelines decreases as the incomes of the parties increase; child support payments are not intended to be windfalls to the children); In re Marriage of Kern, 245 Ill. App. 3d 575, 579, 615 N.E.2d 402, 405 (1993) (following the statutory child support guidelines may produce an excessive amount of support where the noncustodian is a high-income earner or an insufficient amount of support where the noncustodian is a low-income earner). Was $960 a month a reasonable amount of child support in this case during the last few years? The fact that James had the ability to pay more is not particularly relevant. Child support requires a determination of reasonable needs as well as ability to pay. Other factors, such as Donna’s assets and income, should be taken into account. Some parents who are able to enjoy a high standard of living in fact choose a frugal standard of living. We should give greater weight to the historical facts here than we do to the arbitrary figure of 20%. Brianne has been supported on $960 a month during the last few years, based on court findings that was a reasonable amount, and without any objection by Donna. Donna’s expenses will be significantly reduced when Brianne goes away to college, but the majority chooses to continue regular child support at its full previous level. The majority’s order requires James to pay the same expenses twice.
Even if the majority’s argument is accepted that some special weight should be given to the 20% figure, that figure is only $1,562 a month, and James is required to pay $300 more than that under the court’s order.
The parties did not intend that James pay something more than college expenses. The parties clearly intended that Donna pay a portion of the college expenses, 20%. One reason for requiring the custodian to pay a portion of such expenses is to prevent a situation where the custodian urges the child to select the most expensive college possible, with all expenses to be paid by the noncustodian. The majority’s interpretation of the agreement renders meaningless the provision that Donna pay 20% of college expenses.