In Re Marriage of Garelick

522 N.E.2d 738, 168 Ill. App. 3d 321, 119 Ill. Dec. 76, 1988 Ill. App. LEXIS 363
CourtAppellate Court of Illinois
DecidedMarch 24, 1988
Docket86—2304, 86—3386 cons.
StatusPublished
Cited by24 cases

This text of 522 N.E.2d 738 (In Re Marriage of Garelick) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Marriage of Garelick, 522 N.E.2d 738, 168 Ill. App. 3d 321, 119 Ill. Dec. 76, 1988 Ill. App. LEXIS 363 (Ill. Ct. App. 1988).

Opinion

JUSTICE LINN

delivered the opinion of the court:

Respondent, Kenneth Garelick, brought a post-dissolution petition for modification in the circuit court of Cook County against petitioner, Mary Jo Garelick. Kenneth petitioned the trial court to terminate unallocated maintenance to Mary Jo and to replace the maintenance with child support. Following a bench trial, the court entered an order reducing, but not terminating, Mary Jo’s unallocated maintenance. In a separate order, the trial court denied Mary Jo’s petition for attorney fees and costs.

Kenneth appeals, contending (1) the trial court’s finding that Mary Jo still requires maintenance was against the manifest weight of the evidence, and (2) the trial court improperly speculated on his future income. Mary Jo also appeals, contending the trial court erred in denying her petition for attorney fees and costs.

We affirm the orders of the trial court in all respects.

Background

On April 26, 1984, the trial court entered a dissolution of marriage judgment ending the marriage of Kenneth and Mary Jo. A settlement agreement incorporated into the judgment resolved issues including property distribution and maintenance. The agreement provided that Kenneth pay Mary Jo $1,500 per month for unallocated maintenance, which included maintenance for Mary Jo and child support for their minor children. The settlement agreement also provided for the review of the amount of the payments after five years or if there was a material change in the financial circumstances of either party.

The record shows that at the time of the dissolution in 1984, Kenneth was employed by Wickes Companies as a regional vice-president, earning a gross annual salary of $61,000. During 1984, Kenneth also inherited an interest in oil leases that added $3,609 to his annual income. In April 1985, however, due to a major corporate reorganization, Wickes Companies terminated the employment of Kenneth and several other executives. At the time of his discharge, Kenneth entered into a severance agreement with Wickes that provided that he would continue to receive his salary through August 1985.

Kenneth’s search for new employment resulted in a position with Homeclub Warehouse in Fullerton, California. He was employed as a warehouse manager, earning a gross annual salary of $50,000. Kenneth also continued to receive the income from his interest in the oil leases.

The record also shows that at the time of the dissolution, Mary Jo was employed part-time as a secretary, earning an annual salary of $12,949. Shortly after the trial court entered the judgment of dissolution, Mary Jo began working full-time, increasing her salary to $23,280. The trial court awarded her the marital residence, pursuant to the settlement agreement. Mary Jo sold the house in March 1986, receiving the net amount of $92,702. She put this amount towards the purchase of a new home.

Kenneth began his new job in September 1985. He concluded that he could not meet his living expenses if he continued to pay $1,500 per month in unallocated maintenance. He petitioned the trial court that month for modification and, in October, filed an emergency motion for temporary abatement. Following the trial court’s postponement of his motion for abatement, Kenneth unilaterally reduced his unallocated maintenance payments to $896 per month.

The issues that Kenneth raised in his petition for modification were tried before the bench on March 29 and 30, 1986. The trial court entered judgment on June 5, 1986. The court based its judgment on the following findings of fact relevant to this appeal:

“1. That there is no finding of contempt against either of the parties.

2. That there has been a substantial change in the financial circumstances of the parties as of February 1,1986.

3. That MARY JO GARELICK has been partially rehabilitated, but still requires maintenance for herself and for the parties’ minor children.

* * *

5. That because of the substantial change in circumstances, the maintenance should be reduced from $1,500.00 per month to $1,220.00 per month, as of February 1,1986.

6. That the incomes of the parties as of February .1, 1986, are as follows: MARY JO GARELICK, $23,598.00, gross; and KENNETH GARELICK, $53,200.00, gross, per year.

7. That KENNETH GARELICK may receive a bonus from his employer at the end of 1986; and may receive income from his partnership with his present wife; and his present wife may return to work.

8. That as of May 30, 1986, there is an arrearage due MARY JO GARELICK in the amount of $4,316.00.”

Based on these findings, the trial court did not terminate Mary Jo’s unallocated maintenance, but, rather, reduced it from $1,500 to $1,220 per month. The trial court additionally ordered Kenneth to pay the arrearage out of his portion of a title indemnity fund. Kenneth subsequently asked the trial court to reconsider its findings regarding Mary Jo’s rehabilitation and his future income. Kenneth timely appeals from the trial court’s denial of his motion for reconsideration. The trial court additionally denied Mary Jo’s petition for attorney fees and costs. Mary Jo timely appeals from the trial court’s denial of her motion for reconsideration.

Opinion

I

A

Kenneth first contends that the trial court’s finding that Mary Jo was only partially rehabilitated was against the manifest weight of the evidence. Section 504 of the Illinois Marriage and Dissolution of Marriage Act (the Act) (Ill. Rev. Stat. 1985, ch. 40, par. 504) governs maintenance awards. Under this section, a court may grant a maintenance award only if it finds that the spouse seeking maintenance lacks sufficient property, including marital property, to provide for reasonable needs, and (1) is unable to support herself through appropriate employment, or (2) is the custodian of a child requiring in-house care, or (3) is otherwise without sufficient income. Ill. Rev. Stat. 1985, ch. 40, par. 504(a).

The Act requires the trial court to consider all relevant factors in determining the amount and duration of a maintenance award. These factors include: (1) the financial resources of the receiving spouse, including marital assets and child support payments, and her ability to become self-sufficient; (2) the time necessary to acquire sufficient education or training for appropriate employment; (3) the standard of living acquired during the marriage; (4) the duration of the marriage; (5) the age and health of the parties; and (6) the ability of a spouse to pay maintenance and meet his needs. Ill. Rev. Stat. 1985, ch. 40, par. 504(b).

The consideration of the time necessary for the receiving spouse to acquire education or training for appropriate employment incorporates into Illinois law the doctrine of rehabilitative maintenance. (Ill. Ann. Stat., ch. 40, par.

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Bluebook (online)
522 N.E.2d 738, 168 Ill. App. 3d 321, 119 Ill. Dec. 76, 1988 Ill. App. LEXIS 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-garelick-illappct-1988.