In Re Marriage of Lehr

578 N.E.2d 19, 217 Ill. App. 3d 929, 160 Ill. Dec. 840, 1991 Ill. App. LEXIS 1161
CourtAppellate Court of Illinois
DecidedJune 28, 1991
Docket1-89-2170
StatusPublished
Cited by13 cases

This text of 578 N.E.2d 19 (In Re Marriage of Lehr) 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 Lehr, 578 N.E.2d 19, 217 Ill. App. 3d 929, 160 Ill. Dec. 840, 1991 Ill. App. LEXIS 1161 (Ill. Ct. App. 1991).

Opinion

JUSTICE CAMPBELL

delivered the opinion of the court:

Petitioner, Rosemarie Lehr, approximately 61 years old, appeals from an order entered by the trial court which reduced the amount of monthly unallocated alimony and child support (the monthly obligation) that respondent, Louis Lehr, an attorney, was obligated to pay pursuant to a marital settlement agreement entered into by the parties at the time of their divorce in 1977. Rosemarie also appeals from an order which required Louis to pay only $3,800 of her attorney fees. Rosemarie contends that: (1) the trial court erred in finding that the terms of the marital settlement agreement were ambiguous and in allowing extrinsic evidence to establish the intent of the parties regarding reduction of the monthly obligation; (2) the trial court abused its discretion in reducing Louis’ monthly obligation; and (3) the trial court abused its discretion in awarding only partial attorney fees to Rosemarie. On cross-appeal, Louis claims that the trial court erred: (1) in denying his petition to terminate the monthly obligation; and (2) in not requiring Rosemarie to pay all of her own attorney fees and costs. For the following reasons, we reverse the judgment of the trial court and remand the cause for a hearing on the reasonableness of Rosemarie’s attorney fees and the allocation of her fees between the parties.

The record indicates that judgment for the divorce of Rosemarie and Louis was entered on February 10, 1977. 1 A marital settlement agreement (the Settlement Agreement) between the parties was approved and incorporated into the judgment. Paragraph 3 of the Settlement Agreement provides as follows:

“3. UNALLOCATED ALIMONY AND CHILD SUPPORT
The husband covenants and agrees that he will pay to the wife, as and for unallocated alimony and child support, the sum of Three Thousand Two Hundred Fifty Dollars ($3,250.00) per month in equal semi-monthly installments of One Thousand Six Hundred Twenty-Five Dollars ($1,625.00) each, from which funds the wife shall provide for the support of the children except as is otherwise hereinafter provided, which said payments shall commence on the date of the entry of a judgment for divorce in this cause and shall continue on the first and fifteenth day of each month thereafter, as set forth under the so-called Lester Plan, until the death or remarriage of the wife, whichever shall first occur. In the event of the remarriage of the wife, the parties will consult as to the amount to be paid thereafter as child support; and in the event that they shall be unable to come to an agreement with respect thereto, the matter shall be referred to the chancellor hearing the cause aforementioned, or to his successor in office, provided, however, that in the event that either of the children of the parties hereto shall hereafter attend a college or university outside the Chicago Metropolitan area, and shall not be living in the home of the wife, the amount payable by the husband to the wife for such combined alimony and child support shall be reduced by the amount of $200 for each such child for each such month in which such child shall not reside in the home maintained by the wife, and provided that in the event such child shall attend college or university in the Chicago Metropolitan area, and shall reside in the home maintained by the wife, the amount payable by the husband to the wife shall be reduced by the amount of $150.00 for each such child for each month in which such child does not reside in the home of the wife.
* * *
The parties agree that the aforesaid unallocated alimony and child support payments are predicated upon the husband’s represented adjusted gross income of Eighty-Six Thousand Dollars ($86,000.00) per year for federal income tax purposes.
The parties further covenant and agree that the amount of alimony so fixed has been arrived at in the light of the knowledge that the wife may hereafter derive income from employment or from other sources; the fact that the wife may hereafter derive such income shall not be deemed to comprise a ground for the making by the husband of an application of any court of competent jurisdiction for a reduction in the amount of such unallocated alimony and child support.”

In addition, Rosemarie was awarded the marital home and was to pay the mortgage, real estate, insurance and maintenance costs relevant to the home. During their 25-year marriage, the parties had six children, two of whom had reached majority when the judgment for divorce was entered. The other children were 17, 14, 12 and 7 years old at the time of the divorce.

In a subsequent order entered on November 28, 1978, section 3 of the judgment for divorce was modified. The relevant part of the modification is as follows:

“A. Paragraph Number 3 of the Agreement (p. 4): That in addition to the provisions for reductions in the amount of support which husband shall pay to wife in conjunction with the attendance by a child at a college or university, the amount which husband shall pay to wife shall also be reduced by the amount of $200 per child upon the attaining of the majority (provided the child is not attending college or university), emancipated or death of any child, whicheger [sic] shall first occur.”

Approximately eight years later, on September 22, 1986, Louis filed a petition to modify judgment and subsequent order, requesting that alimony payments be terminated as a result of the following changed circumstances: (1) the only minor child was attending college away from home; (2) Rosemarie was employed full time; and (3) the mortgage would be paid off in several months. In response, Rosemarie moved to dismiss the petition to modify on the ground that the alleged changed circumstances had been anticipated and had been addressed in either the judgment of divorce, dated February 10, 1977, or in the order, dated November 28, 1978.

Following a hearing on the motion, the trial court entered its order, dated August 30, 1988, which included the following findings:

(1) the final paragraph of section 3 of the Settlement Agreement is ambiguous and the parties are entitled to a hearing as to the parties’ intent regarding modification and termination of the support;

(2) the Settlement Agreement does not expressly prohibit modification; it only limits modification to the extent that Louis cannot base a request for reduction of alimony and child support on the fact that Rosemarie earns money; this limitation on modification applies only until all of the children are attending college or are otherwise emancipated, at which point Louis may request modification on any ground; and (3) Louis is entitled to a hearing on his request for modification of support.

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Cite This Page — Counsel Stack

Bluebook (online)
578 N.E.2d 19, 217 Ill. App. 3d 929, 160 Ill. Dec. 840, 1991 Ill. App. LEXIS 1161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-lehr-illappct-1991.