## Facts

- Iris Turk and Steven Turk divorced under an agreed judgment that initially required Steven to pay unallocated maintenance and child support and to provide health insurance and share uncovered medical costs.
- After repeated post-decree disputes, the circuit court granted Steven temporary physical custody of the children and limited Iris to supervised visitation, later entering an order reflecting Steven’s primary custodial responsibility and Iris’s ongoing parenting time.
- Steven sought termination of his support obligation based on the custody change; later proceedings addressed whether Iris should pay support to Steven or whether Steven should continue paying support to Iris.
- The circuit court found Steven earned about $150,000 annually and Iris earned under $10,000 annually, and that Iris had continuing parenting time (especially with one child).
- The circuit court ordered Steven (the custodial parent) to pay Iris (the noncustodial parent) $600 per month in child support and to pay 100% of the children’s uninsured medical-related expenses.

## Issues

1. Whether § 505 of the Illinois Marriage and Dissolution of Marriage Act authorizes a court to order a custodial parent to pay child support to a noncustodial parent.
2. If so, whether the circuit court abused its discretion by (a) setting child support at $600 per month and (b) requiring the custodial parent to pay all uninsured medical and dental expenses.

## Decision

- The Illinois Supreme Court held § 505 permits child support awards to a noncustodial parent when warranted by the circumstances and the child’s best interests.
- The court affirmed the appellate court’s conclusion that the circuit court had authority to award support to a noncustodial parent.
- The court agreed that the record did not support the $600 monthly amount and required an evidentiary hearing and an on-the-record explanation tied to § 505.
- The court reversed the portion of the order requiring Steven to pay all uninsured medical-related expenses and remanded for reconsideration of an appropriate allocation.
- Disposition: appellate judgment affirmed in part and reversed in part; circuit court judgment reversed; cause remanded with directions.

## Legal Principles

- Under § 505, a court may order child support “from one or both parents,” and the obligation is not limited to noncustodial parents.
- Child support is treated as a right of the child; orders should serve the child’s best interests rather than formal custody labels.
- A support award to a lower-income noncustodial parent may be appropriate where needed to ensure the child’s needs are met across both households, including during parenting time.
- The amount and structure of child support must be supported by evidence and explained with reference to the statutory guidelines and factors.
- Allocation of uninsured medical expenses must be supported by the statute and the record; imposing the full burden on one parent requires justification, particularly when combined with a separate support obligation.

## Conclusion

The court recognized that Illinois law allows child support to flow to a noncustodial parent when justified by the child’s best interests, but it reversed the unsupported support figure and the order imposing all uninsured medical expenses on the custodial parent, remanding for further evidentiary findings and a reasoned allocation under § 505.


In re Marriage of Turk, 2014 IL 116730, 12 N.E.3d 40 (Ill. 2014)