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In re Parentage of A.C.

2026-08-17

Authorities cited

Opinion

majority opinion

2026 IL App (2d) 250257

No. 2-25-0257

Opinion filed August 17, 2026

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

In re PARENTAGE OF A.C., a Minor

(Deborah C., Petitioner-Appellee v. Eric C., Respondent-Appellant).

Appeal from the Circuit Court of De Kalb County.

Honorable Stephanie P. Klein, Judge, Presiding.

No. 09-F-117

PRESIDING JUSTICE KENNEDY delivered the judgment of the court, with opinion.

Justices Jorgensen and Birkett concurred in the judgment and opinion.

OPINION

¶1 Respondent, Eric C., appeals the circuit court of De Kalb County’s written decision in favor

of petitioner, Deborah C. The court subsequently revised its child support order so that

respondent’s child support payments increased based on the court’s finding that petitioner had no

gross income. We affirm.

¶2 I. BACKGROUND

¶3 On January 29, 2024, petitioner filed a motion to modify child support, based on

respondent’s substantial increase in income and his termination of visitation. Following multiple

status hearings and a pretrial conference, the trial court held a summary hearing on the matter on

February 11, 2025.

¶4 At that hearing, counsel for petitioner agreed that the value of the nonmonetary gifts

petitioner receives from the adult with whom she resides (variously described by petitioner as a friend or landlord), in the form of unreimbursed housing and living expenses, totaled $26,870

annually but disagreed that the amount should be considered income. Counsel also noted that,

although the figure included car payments made by the homeowner on petitioner’s behalf, those

payments benefited the homeowner in that he used the car to commute to his job. The trial court

then issued an order based on respondent’s earned income and petitioner’s gift income, which

granted petitioner’s motion to modify child support. The order increased respondent’s child

support obligation from $165 per week to $943.22 per month, retroactive to January 29, 2024.

¶5 Petitioner filed a motion to reconsider on March 12, 2025. In that motion, petitioner

explained that the $26,870 annual gift amount consisted of one half of the mortgage and utility

payments for the household in which she resides, plus 12 monthly car payments. However, the

motion alleged that counsel for petitioner misspoke with respect to the car payments made on

petitioner’s behalf; in fact, the homeowner had made only four car payments, and he sent those

payments directly to the lender.

¶6 The motion also argued that the trial court misapplied the law because it had previously

found that petitioner was unable to work for medical reasons. Further, given that petitioner

received means-tested assistance in the form of Medicaid and Supplemental Nutrition Assistance

Program (SNAP) benefits, the court should have entered a $0 child support order for petitioner per

section 505(a)(3.3b) of the Illinois Marriage and Dissolution of Marriage Act (Act) (see 750 ILCS

5/505(a)(3.3b) (West 2024)). The motion went on to argue that the nonmonetary gift of residing

rent-free with another adult fails to meet the definition of gift income under the relevant case law

because the benefit did not increase her wealth or facilitate her ability to pay child-care expenses.

In fact, petitioner’s overall debt increased during the lengthy child support proceedings.

-2-¶7 On May 21, 2026, the trial court held a hearing on the motion to reconsider. Petitioner

reiterated the arguments raised in her motion to reconsider, while respondent argued that the court

had properly applied the law and should therefore deny the motion. In an order dated May 23,

2025, the trial court granted the motion to reconsider. In that written decision, the court explained,

“Petitioner lives with another adult who pays for her housing and other living expenses. The value

of her living expenses is difficult to quantify but [r]espondent took the position that this was gift

income and should be counted as [p]etitioner’s income in calculating child support.” The court

went on to state:

“The question for this [c]ourt is whether [p]etitioner qualifies for the zero dollar

order. Petitioner does receive $380 per month in means-tested assistance in the form of

either TANF or SNAP per her financial affidavit and does not receive any other type of

financial assistance other than the arguable [nonmonetary] gift income. The [c]ourt also

does find that [p]etitioner is medically unable to work based on the three physicians’ letters

that were shared with the [c]ourt.”

¶8 The court ultimately granted the motion to reconsider, concluding that it misapplied the

law when it characterized the nonmonetary benefits to petitioner as income. In a subsequent child

support order, the trial court assigned no income to petitioner and increased respondent’s child

support obligation to $1,134 per month, retroactive to January 29, 2024.

¶9 This appeal followed.

¶ 10 II. ANALYSIS

¶ 11 On appeal, respondent argues that the trial court erred by determining that petitioner’s only

source of income is means-tested assistance even though petitioner lives with another adult who

pays for her housing along with some other living expenses. Respondent also argues that the trial

-3-court erred by relying on several physicians’ letters stating that petitioner is medically unable to

work, because the letters constitute inadmissible hearsay.

¶ 12 In response, petitioner contends that the case law referenced by respondent is inapposite

because all of those cases involve parents with at least some earned income, so gifts received by

that parent would increase that parent’s ability to pay for the care of a minor child per section

505(a)(1)(A) of the Act. See id. § 505(a)(1)(A) (stating that the Act’s child support guidelines were

created with the purpose “to establish as State policy an adequate standard of support for a child,

subject to the ability of parents to pay”). Petitioner further explained that, because she has no

income, the nonmonetary gifts do not increase her ability to pay for the care of the minor child—

rather, her income is still zero. As for the physicians’ letters, petitioner asserts that respondent has

forfeited the argument that the letters are inadmissible hearsay, because he failed to object on that

basis in the trial court. In closing, petitioner notes that, because she receives means-tested

assistance, she need not prove a medical disability to prevail. We agree with petitioner.

¶ 13 The central issue before this court is whether section 505(a)(3.3b) of the Act applies to

petitioner:

“(3.3b) Zero dollar child support order. For parents with no gross income, who

receive only means-tested assistance, or who cannot work due to a medically proven

disability, incarceration, or institutionalization, there is a rebuttable presumption that the

$40 per month minimum support order is inapplicable and a zero dollar order shall be

entered.” (Emphasis added.) Id. § 505(a)(3.3b).

“Whether a gift or payment constitutes income is a question of law, subject to de novo review.”

Vance v. Joyner, 2019 IL App (4th) 190136, ¶ 60. Respondent relies on Vance and In re Marriage

of Rogers, 213 Ill. 2d 129 (2004), to assert that petitioner’s access to free housing is a gift that

-4-should constitute income and disqualify her from a $0 order under the Act. However, as explained

below, these cases do not support respondent’s position.

¶ 14 In Rogers, a mother filed a petition to modify the child support payments made by the

father. Id. at 132. Following an evidentiary hearing, the trial court increased the father’s child

support payments from $250 per month to $1,000 per month. Id. at 133. In calculating the father’s

income, the trial court included the father’s $15,000 annual income from his teaching job, along

with the $46,000 he received each year from his family in the form of gifts and loans. Id. According

to the father’s testimony, the $46,000 represented “ ‘a steady source of dependable annual

income’ ” and he “never had to repay any portion of those sums.” Id. at 134. The father argued on

appeal that the trial court erred when it included the cash gifts from his family in his income for

purposes of determining his child support obligations under the Act. Id. at 135.

¶ 15 In its analysis, the supreme court noted that “income” is not defined in the Act, and

therefore the word should be assigned its “plain and ordinary meaning.” Id. at 136.

“As the word itself suggests, ‘income’ is simply ‘something that comes in as an

increment or addition ***: a gain or recurrent benefit that is usu[ally] measured in money

***: the value of goods and services received by an individual in a given period of time.’

Webster’s Third New International Dictionary 1143 (1986). It has likewise been defined as

‘[t]he money or other form of payment that one receives, usu[ally] periodically, from

employment, business, investments, royalties, gifts and the like.’ Black’s Law Dictionary

778 (8th ed. 2004).” Id. at 136-37.

¶ 16 The Rogers court went on to conclude that, under the facts of that case, the trial court

correctly included the monetary gifts when calculating the father’s total income because the gifts

“enhanced his wealth and facilitated his ability to support [his child].” Id. at 137.

-5-¶ 17 In Vance, the Fourth District considered whether gifts should be included when calculating

the income of a child support recipient. Vance, 2019 IL App (4th) 190136, ¶ 51. In that case, the

child support recipient testified that she earned roughly $2,000 per month while her monthly

expenses averaged around $6,400. Id. ¶ 11. On cross-examination, she admitted that her parents

covered each monthly shortfall “by paying her directly or making payments to her creditors.” Id.

¶ 18 Relying on the definition of income in Rogers and the requirements of the Act, the Vance

court concluded that a trial court must consider each parent’s financial ability to support a minor

child when calculating an obligor’s child support payments. Id. ¶ 58. The court went on to conclude

that the gifts the mother received from her parents should be included in her income for the

purposes of calculating the father’s child support obligations, in part because those gifts facilitated

her ability to financially support their child. Id. ¶ 64.

¶ 19 Although Rogers and Vance shed light on when a trial court may include gifts as income,

neither case contemplates the effect of nonmonetary gifts when section 505(a)(3.3b) of the Act

arguably applies to the child support recipient. Nonetheless, we consider the facts of this case in

light of the same question: Does the gift facilitate the recipient’s ability to financially support the

minor child? We find that, because petitioner has no source of income, the nonmonetary gifts do

not facilitate her ability to financially support the minor child. As such, the gifts do not constitute

income.

¶ 20 Because both parties agree that section 505(a)(3.3b) applies unless the gifts constitute

income, and because we have determined that the gifts do not constitute income under these

circumstances, we find that the trial court correctly entered a $0 child support order under the Act.

To hold otherwise would render this section of the Act a catch-22. If a parent with no source of

income, who relies on means-tested assistance or cannot work due to medical reasons, has an

-6-opportunity to reside rent-free with a generous friend or family member, acceptance of that charity

would defeat the application of section 505(a)(3.3b) of the Act in the exact circumstances where it

was meant to apply. As our supreme court has explained,

“Each word, clause, and sentence of a statute must be given a reasonable meaning, if

possible, and should not be rendered superfluous. The court may consider the reason for

the law, the problems sought to be remedied, the purposes to be achieved, and the

consequences of construing the statute one way or another. Also, a court presumes that the

General Assembly did not intend absurdity, inconvenience, or injustice in enacting

legislation.” People v. Clark, 2019 IL 122891, ¶ 20.

Here, holding that free rent constitutes income under section 505(a)(3.3b) would create an absurd

result because the application of the statute would be defeated by circumstances inherent in the

problem that the statute seeks to remedy.

¶ 21 Finally, we note that our decision in this case does not conclusively determine whether

rent-free accommodations might constitute income where section 505(a)(3.3b) would not

otherwise apply. As noted above, the key question is whether the gift facilitates the recipient’s

ability to financially support a child. See, e.g., In re Marriage of Boland, 308 Ill. App. 3d 1063,

1065 (1999) (affirming trial court’s decision to increase obligor’s child support payments, where

obligor earned income as a farmer and occupied, rent-free, the farmhouse owned by his father).

¶ 22 Because we hold that petitioner has no gross income and receives only means-tested

assistance, we need not examine whether an alternative basis exists for applying section

505(a)(3.3b), i.e., that petitioner “cannot work due a medically proven disability, incarceration, or

institutionalization” (750 ILCS 5/505(a)(3.3b) (West 2024)). Accordingly, we do not address

-7-respondent’s second contention on appeal, which is that the trial court erred in admitting

physicians’ letters stating that petitioner is medically unable to work.

¶ 23 III. CONCLUSION

¶ 24 For the reasons stated, we affirm the judgment of the circuit court of De Kalb County.

¶ 25 Affirmed.

-8-In re Parentage of A.C., 2026 IL App (2d) 250257

Decision Under Review: Appeal from the Circuit Court of De Kalb County, No. 9-F-117;

the Hon. Stephanie P. Klein, Judge, presiding.

Attorneys Diane E. Elliot, of De Kalb, for appellant.

for

Appellant:

Attorneys Deborah C., of Ottawa, appellee pro se.

for

Appellee:

-9-