Background
Nicholas S. LaBianco and Victoria L. Doubek, who never married, are the parents of G.L. After LaBianco filed a 2022 parentage petition, the Du Page County circuit court entered temporary orders providing equal parenting time and requiring LaBianco to pay $683.39 monthly in child support. G.L. has ADHD and neurofibromatosis.
Following a 13-day trial, the circuit court made joint decision-making and equal parenting time permanent, kept G.L. enrolled in the school district associated with LaBianco’s residence, denied Doubek retroactive and increased support, adopted the temporary support amount as permanent, denied both sides’ fee-contribution requests, and assigned each parent half of the guardian ad litem fees.
The Court’s Holding
The appellate court affirmed the parenting determinations. The record supported joint decision-making and equal parenting time: despite conflict and competing allegations of abuse, the parents had jointly addressed G.L.’s medical and educational needs, and the guardian ad litem supported the arrangement. The circuit court was not required to make express findings on every statutory best-interests factor.
But the appellate court reversed the financial and fee rulings. Illinois law required child support to begin when the parentage summons was served, so the court could not categorically deny support for the period between service on August 24, 2022, and the February 2024 temporary-support order. It also improperly used outdated income figures for permanent support. Finally, after stating it would separately hear Doubek’s final contribution petition, the court abused its discretion by summarily denying it and by resetting GAL fees to an equal division without a hearing.
Key Takeaways
- Joint decision-making and equal parenting time were supported by the evidence and affirmed.
- In a parentage action, support must commence on service of the summons; the trial court may also consider additional support for an earlier period.
- Permanent child support must be calculated from current financial evidence, not simply carried over from a temporary order.
- The circuit court must hold an evidentiary hearing on Doubek’s fee-contribution request and GAL-fee allocation.
Why It Matters
The decision distinguishes mandatory retroactive support from the service date from discretionary support for an earlier period. It also underscores that a court setting permanent support must evaluate the parties’ economic circumstances when it makes the calculation.
For fee disputes, the case cautions trial courts against promising a later hearing on contribution and then deciding the issue without one. The order is nonprecedential under Illinois Supreme Court Rule 23 except as permitted by that rule.