my name is kelly gordon and i represent the respondents appellant john roberts today we present two issues just for the first issue is whether or not the trial court correctly appropriated the college expenses of the children nick and alex at the time of the trial he was going through bradley and was to see alex was a freshman at western kentucky university parties originally had joint custody with mom having primary residence study tested both children in two thousand and five nick went to live with his father at that time child support was reduced since each party had arrived in two thousand and six the oldest child began attending bradley university at that time parties came to an agreement with regards to child support and the college expenses of next specifically lawrie was not going to ask for an increase in child support for alex eleven thousand dollars perhaps lori is employed with the attorney general's office she earns approximately fifty six thousand dollars per year laurie is also remarried and weary the husband earns approximately four thousand dollars per month the first issue is whether or not the trial or erred in the allocation of college expenses the standard for view for such an issue is abuse of discretion standard of living that the child would have enjoyed if the parties were still married the third factor is the financial resources of the child and the worth factor is the child's academic performance when looking at the financial resources of was a hundred seventeen thousand dollars so laurie and larry actually had more of a gross income in two thousand and nine and like the core institution to reach and street the trial court should be looking at the monies that are that in two thousand and nine her joint was one hundred seventeen then she makes fifty two thousand six hundred and here from his retirement makes just under four thousand i believe it's three thousand nine hundred twenty eight per month the court also looks to the expenses that each party pass and in the case at bar because of the agreement that john have with regards to nick he does not have the cash flow to gain that amount out every month since he's been withdrawing money from his four only pay in the approximate not of eight hundred thirty five dollars per month and even when you take that consideration if you look at all of his expenses in the income that he has come in then  five hundred fifty eight dollars left over per month in money that you could be giving to alex however if you look at gloria's affidavit she immediately has over twenty five hundred dollars left over each month when you consider her income as well as larrys and all of the it's fine that they have so in just looking at the money they have left over on a monthly basis income versus debt don has five hundred fifty eight dollars and borean larry over twenty five hundred dollars almost four times as much don don is currently living in peoria but he also has a house up in the two ph county area because of his employment he has in how his job requires him to be within a certain distance of it's only made up for well it's wishing for alix is approximately twenty eight thousand dollars however because of the swishing incentive program that western kentucky offers because he has done has that apartment up and you ph tell me he is getting ten thousand dollars off its question so off the top because of don's point because a house because that's an additional that left eighteen thousand to cover between between the parties and the minor child the what the court did was allocated that the a third of it to alex makes twice as much as laurie with the trial court ordered when the trial court was looking at that twelve thousand dollars he ordered done to pay twice as much as laurie based on that we don't only been a half a year at that point travel he did come home and he lived with his mom for i believe a fall break and thanksgiving and then during christmas it's been a week with his dad up in the chicago area and at the time of trial he was with his nonsense and the rest of the grea over three hundred thousand dollars and that however when you look at the rest of his expenses and dats he also has a house that is mortgaged almost all the well as a mortgage of one hundred fifty three thousand and it's worth one hundred fifty five in addition to ten thousand dollars off in effect is paid per year it thousand six hundred twenty dollars and press but it's getting ten thousand dollars off the switch and so it does work out for for the parties and if it works out for glory as well because we're not looking at the twenty eight thousand  income her and home and the expenses that she had based upon that we believe that the court did abuse its discretion in the world of college expenses and also in the order of nick's school bradley university although there is no direct payment made to bradley boarding and essentially went for what a substantial sum of money and increase in child support for alex rather than having the money come from earned fifty six thousand dollars that year in two thousand and eight when larry was still working the party's earned one hundred in the park where he and wiry earned one hundred seventeen thousand dollars per year and in two thousand and eight don one hundred forty three thousand dollars so the hundred seventeen thousand dollars in two thousand and nine that was maury and larry's combined income he had retired in two thousand and in when larry retired in two thousand and nine then two thousand and nine very tired and their income combined refused to one hundred four thousand dollars at the time trial and i'd also like to clarify a little bit the tuition waiver program this is western kentucky university was the school that alex chose a fund his involvement in private have seen in high school he was an excellent student he was present in the student council he was involved in the debate team and he was also the sports director for the local high school news channel and it was that interest that left him to start looking into boxing programs he found western kentucky university when he was when alex was researching he saw that certain counties did offer twitchin waivers and as misfortune points out all parties involved are glad that that mr that done rent an apartment in du page county now when he was applying du page county had recently been taken off the list of counties that offer this tuition program heard the evidence regarding don's monthly expenses six hundred twenty dollars which credit card debt in legal fees the trial court all oftentimes parties in positions where they have to reallocate their expenses each month presented evidence that she spends two hundred fifty dollars a month on seventy five dollars a month and the else she she chooses not to do that she's financially responsible with her money and when we look at the available income council refers to it's twenty alone would not support all of her household expenses her household expenses exceed her income but she'd be able to pay those expenses because of larry's income  one day retire she shouldn't be penalized for a properly portion of her salary towards her expenses certainly four thousand dollars per year is a is a significant amount of money that she's contributing to alex's expenses he did not pay again until this court ordered college expenses in january of two thousand and ten during that period of time as counsel stated alex stayed with his father for one week and was given twenty dollars during that same period of time it was lo assets available to one part we look at assets available dime justified that he in the trial court actually questioned him during the trial why are you taking money out of your ira to pay for your older son's eight hundred thirty five why are you doing this you are one hundred ten thousand dollars a year you shouldn't be taking those penalties then he didn't have an exact answer for that kind of fumbled around in what we see from the home equity loan from the from the credit card that is that perhaps was just not financially responsible but again trail courts are often placed in the position where they can make someone allocate resources or an expense and that's exactly income there as well all parties do have pensions values of which were not present at the trial so although the trial court considers don's resources one awarding attorneys fees and consider lori has been paying for how it's all that time when he was going to college don was paying all of nick's expenses to go to college so if you look at it that one point one part one lori has alex and john has nick here each paying for their own expenses with regard to the to be allocation of debt that has been suggested by counsel and all of the debt that that he has and that he's incurred the income that he has coming in if the court looks at the case in remarried for months versus hillary fine and in that case because of what they did in the allocation of assets in effect left had had asked him would have been better for you to take out a loan cheaper for you and at that point i believe his response to something to be a fact i wasn't he was sure you would look into that