In Re Marriage of Mulry

732 N.E.2d 667, 314 Ill. App. 3d 756, 247 Ill. Dec. 612, 2000 Ill. App. LEXIS 510
CourtAppellate Court of Illinois
DecidedJune 22, 2000
Docket4-99-0848
StatusPublished
Cited by18 cases

This text of 732 N.E.2d 667 (In Re Marriage of Mulry) 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 Mulry, 732 N.E.2d 667, 314 Ill. App. 3d 756, 247 Ill. Dec. 612, 2000 Ill. App. LEXIS 510 (Ill. Ct. App. 2000).

Opinions

JUSTICE McCULLOUGH

delivered the opinion of the court:

On July 17, 1986, the trial court entered a judgment dissolving the marriage of petitioner, Donna L. Mulry, now known as Donna L. Bartlett (Donna), and respondent, James T. Mulry (James). The judgment for divorce incorporated a separation agreement providing for the support of two daughters, one now deceased (Amanda). The surviving daughter, Brianne, attends the University of Missouri in Columbia, Missouri. On September 1, 1998, James filed a motion for clarification and/or modification of judgment. James sought to terminate his child support obligation, seeking clarification of the parties’ separation agreement or, in the alternative, based upon a substantial change in circumstances. On August 10, 1999, the trial court denied the motion for clarification and/or modification. On September 9, 1999, James filed a motion to reconsider. On October 7, 1999, the trial court denied the motion.. James appeals, arguing that (1) the trial court erred in its interpretation of the separation agreement’ and (2) the trial court erred in refusing to modify his child support obligation. We affirm.

The separation agreement of July 17, 1986, provides, in pertinent part, as follows:

“Article IV

Support of Children and Related Matters

1. Except as otherwise provided herein, James shall pay to Donna as and for the support and maintenance of Amanda and Brianne, the sum of Eight Hundred Dollars ($800.00) per month ***.

* * H<

5. James’ obligations for support *** shall continue until that child attains full emancipation as defined in Article VII of this Agreement.

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Article VI

Education of Children and Other Related Matters

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3. James shall pay eighty percent (80%) of the *** college *** expenses ***; Donna shall pay the remaining twenty percent (20%).

Article VII

Emancipation Event

1. *** [T]he ‘Emancipation Event’ shall occur or be deemed to have occurred upon the earliest to happen of any of the following, at which time James’ and Donna’s obligations for each child as detailed in this Agreement shall terminate:

a. *** if the child is attending post-secondary education the child’s graduation from *** college *** or reaching age 23, whichever shall first occur ***.”

An order for support, entered June 8, 1992, modified the child support obligation to $1,200 per month for Amanda and Brianne.

An order for support, entered May 29, 1996, and following the death of James and Donna’s oldest daughter, Amanda, modified the child support obligation to $960 per month for Brianne.

On April 24, 1998, Brianne turned 18 years old. She graduated from high school in June 1998 and enrolled at the University of Missouri in the fall of 1998.

On September 1, 1998, James filed a motion for clarification and/or modification of judgment. James sought to terminate his child support obligation, seeking clarification of the parties’ separation agreement or, in the alternative, based upon a substantial change in circumstances, in that James had begun paying college expenses. On August 10, 1999, the trial court denied the motion for clarification and/or modification.

James argues that the trial court erred in its interpretation of the separation agreement, obligating him to pay for the support and maintenance of Brianne until emancipation, as defined in article VII of the agreement, and also to pay college expenses.

“Marriage settlement agreements which are incorporated into decrees are to be interpreted in the same manner as other contracts and should be construed in accordance with the language of the document when ambiguity does not prevent doing so.” In re Marriage of Yaxley, 259 Ill. App. 3d 544, 547, 631 N.E.2d 252, 254 (1994). The interpretation of a contract is a question of law. In re Marriage of Davis, 286 Ill. App. 3d 1065, 1067, 678 N.E.2d 68, 70 (1997). Thus, a reviewing court may interpret the contract independently of the trial court’s judgment. Davis, 286 Ill. App. 3d at 1067, 678 N.E.2d at 70.

The general rule is that the obligation of a parent to support a child terminates when the child reaches majority. In re Marriage of Holderrieth, 181 Ill. App. 3d 199, 206, 536 N.E.2d 946, 951 (1989). However, section 510(d) of the Illinois Marriage and Dissolution of Marriage Act (Dissolution Act) specifically provides that “[u]nless otherwise agreed in writing or expressly provided in a judgment, provisions for the support of a child are terminated by emancipation of the child, except as otherwise provided herein.” 750 ILCS 5/510(d) (West 1998). The legislative purpose behind the adoption of section 510(d) is to allow the parties to a dissolution proceeding to remain liable for the support of children beyond emancipation. Finley v. Finley, 81 Ill. 2d 317, 326, 410 N.E.2d 12, 16 (1980) (discussing then section 510(c), which was later redesignated section 510(d)). The record in the case at bar reveals that James expressly agreed to remain obligated to pay child support “until that child [(Brianne)] attains full emancipation as defined,” “the child’s graduation from *** college *** or reaching age 23, whichever shall first occur.”

James argues that his obligation under article VI of the separation agreement, “Education of Children and Other Related Matters,” is a form of child support and makes ambiguous his obligation under article IY paragraph 5, “support of each child *** until *** emancipation.”

Ambiguity exists where the language is reasonably susceptible to more than one meaning. Language is not rendered ambiguous simply because the parties do not agree on its meaning. In re Marriage of Druss, 226 Ill. App. 3d 470, 476, 589 N.E.2d 874, 879 (1992).

In this case, the language of the separation agreement is plain and unambiguous. Clearly, James has an obligation to provide for Brianne’s educational expenses and a continuing obligation for child support until emancipation, as defined in the agreement.

James argues that college expenses are a form of child support; therefore, he fulfills his obligation to support Brianne, set forth in article IY “Support of Children and Related Matters,” by paying Brianne’s college expenses. Although a provision in a dissolution judgment for the payment of a child’s college expenses is a term in the nature of child support (In re Marriage of Loffredi, 232 Ill. App. 3d 709, 714, 597 N.E.2d 907, 911 (1992)), it does not foreclose one’s obligation to provide additional means of support for the child.

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Cite This Page — Counsel Stack

Bluebook (online)
732 N.E.2d 667, 314 Ill. App. 3d 756, 247 Ill. Dec. 612, 2000 Ill. App. LEXIS 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-mulry-illappct-2000.