| Notice Decision filed 02/16/05. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. |
NO. 5-03-0613
| In re MARRIAGE OF | ) | Appeal from the |
| ) | Circuit Court of | |
| DEBORAH L. ROSS, | ) | Marion County. |
| ) | ||
| Petitioner-Appellant, | ) | |
| ) | ||
| and | ) | No. 00-D-90 |
| ) | ||
| SCOTT A. ROSS, | ) | Honorable |
| ) | David L. Sauer, | |
| Respondent-Appellee. | ) | Judge, presiding. |
JUSTICE HOPKINS delivered the opinion of the court:
The petitioner, Deborah L. Ross, filed a petition to modify her child supportobligation and her visitation privileges with the parties' two minor children, MacKenzie, bornSeptember 6, 1993, and Megan, born March 27, 1997. On appeal, Deborah argues that thecircuit court erred in refusing to modify her child support obligation, in declining to ordervisitation privileges to her parents, in determining the place of the exchange for the children'svisitation, and in reducing her visitation with the children.
We affirm.
On September 5, 2000, the circuit court entered its judgment for the dissolution of theparties' marriage. In its judgment, the circuit court designated the respondent, Scott A. Ross, as the custodial parent for MacKenzie and Megan, ordered Deborah to pay child support of$440 per month, and awarded Deborah visitation pursuant to the following schedule: (1)every other weekend from Friday at 6 p.m. to Sunday at 6 p.m., (2) holidays duringalternating years, (3) Mother's Day, (4) one week in June, July, and August, for a total ofthree weeks, and (5) one half of Christmas vacation and any extended spring break period. On February 2, 2001, the court amended its order to allow Deborah the following additionalvisitation: (1) every Wednesday from 4:30 p.m. to 8 p.m., (2) one additional week in June,for a total of two weeks in June, and (3) one additional week in July, for a total of two weeksin July.
On May 30, 2003, Deborah filed a petition to modify visitation and child support. Inthe petition, Deborah alleged that she was moving to Indianapolis, Indiana, and she requestedthat the court modify the visitation schedule and establish procedures for transporting thechildren for visitation. Deborah further alleged that she had changed employment, whichresulted in a substantial change in circumstances, and she requested that the circuit court modify her child support obligation. In his response, Scott requested that the court denyDeborah's petition to reduce her child support obligation because Deborah had quit heremployment without appropriate cause or justification.
On August 18, 2003, at the hearing on Deborah's petition to modify visitation andchild support, Deborah testified that she had moved to Indianapolis, Indiana, approximatelyseven weeks before the hearing. Deborah testified that she had been previously employedby North American Lighting in Salem, Illinois, earning approximately $12.40 per hour andworking from 7 a.m. to 4 p.m. Deborah testified that she had also worked at Farm Fresh,where she earned $6.25 per hour and worked from 4:30 p.m. to 10 p.m. Deborah testifiedthat in 2002, she earned $28,000 from North American Lighting and $7,000 from FarmFresh.
Deborah testified that she had worked at North American Lighting for 15 years whenshe resigned her position on June 13, 2003. Deborah testified that from October 1994through June 2003, she had not been promoted at North American Lighting and did not seea future prospect for advancement at North American Lighting or at Farm Fresh. Deborahtestified that she sought employment in Marion County but was unsuccessful. Deborahtestified that although she considered St. Louis and Springfield in her search for newemployment, she did not send resumes to employers located in St. Louis or Springfield.
Deborah testified that she moved to Indianapolis because of its additionalopportunities and because of the continuing strife between her and Scott. Deborah alsotestified that she was dating a gentleman who lived in Indianapolis. Deborah testified thatshe was unemployed from June 13, 2003, to July 13, 2003, but that on July 13, 2003, shebegan working as an administrative assistant for Crane America, earning $11 per hour. Deborah testified that she considered her current employment as a transition job while shesought other employment. Deborah testified that she would not seek a second job becauseshe planned to attend one of the many universities located within 30 minutes of her home inIndianapolis to obtain a bachelor's degree in social work or business.
Deborah testified that the driving time between Salem and her Indianapolis home wasapproximately 2