In Re Marriage of Pedersen

605 N.E.2d 629, 237 Ill. App. 3d 952, 178 Ill. Dec. 835, 1992 Ill. App. LEXIS 2037
CourtAppellate Court of Illinois
DecidedDecember 17, 1992
Docket4-92-0187
StatusPublished
Cited by29 cases

This text of 605 N.E.2d 629 (In Re Marriage of Pedersen) 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 Pedersen, 605 N.E.2d 629, 237 Ill. App. 3d 952, 178 Ill. Dec. 835, 1992 Ill. App. LEXIS 2037 (Ill. Ct. App. 1992).

Opinion

JUSTICE COOK

delivered the opinion of the court:

Appellant John Pedersen appeals the order of the circuit court of Sangamon County denying his petition to terminate maintenance paid by him to appellee Michal McCloskey Pedersen. We affirm.

Appellant and appellee were married August 27, 1975. They adopted a daughter, Christopher Penny Pedersen, during the marriage. A judgment for dissolution of marriage was entered on May 1, 1987, pursuant to a marital settlement agreement. The agreement stated the following in regard to maintenance:

“D. That it has been agreed between the parties that the sum of One Thousand ($1,000) Dollars be paid each month by John Robert Pedersen to Michal McCloskey Pedersen; that such payment is to be applied on the monthly payment of mortgages of the parties and to compensate Michal McCloskey Pedersen and Christopher Penny Pedersen as maintenance.
It is understood by the parties that the $1,000 monthly payment is subject to change for a change of circumstances. In the event that the salary income of Michal Pedersen is increased, her compensation would be proportionately reduced, and in the event that the needs of the daughter increases, the compensation would, accordingly, be increased, and the child’s medical and dental insurance continue to be maintained by John Robert Pedersen.
E. *** It is further understood that in the event that the parties cannot agree on changes between themselves upon a change of circumstances, either party shall resort to the Court of the Judgment Order for a determination.”

The parties do not dispute that the question of modification must be determined in accord with section 510(a) of the Illinois Marriage and Dissolution of Marriage Act (Act), which provides in pertinent part:

“[T]he provisions of any judgment respecting maintenance or support may be modified only as to installments accruing subsequent to due notice by the moving party of the filing of the motion for modification and only upon a showing of a substantial change in circumstances.” Ill. Rev. Stat. 1989, ch. 40, par. 510(a).

Pursuant to an agreement reached by the parties in November 1989, the court entered an order on June 11, 1990, reducing appellant’s maintenance payments to $700 per month since Christopher was living with appellant. On July 11, 1990, appellant filed a second petition to modify the judgment of dissolution of marriage, again alleging: (1) Christopher resided with him from July 1988 to date, (2) he assumed all expenses of the child, including $2,600 toward college expenses, and (3) he purchased appellee’s equity in the marital home and assumed sole responsibility on the mortgage. The court, by docket entry of September 24, 1990, reduced maintenance to $500 per month.

On December 24, 1990, appellant filed the present petition to modify, again alleging the previously stated changed circumstances but also contending that appellee had turned down full-time employment since the judgment for dissolution and had made little effort to obtain appropriate employment. On February 19, 1991, appellant filed an amended petition to modify, alleging further that his National Guard income had been reduced and his financial situation had deteriorated to the point that his monthly expenses exceed his monthly income.

At the hearing on January 16, 1992, appellee testified that she resides in Lincoln and has a master’s degree in education. She had worked in the Springfield school district as a teacher’s aid for five years and received $8.10 per hour for dVz hours a day during the school year, with no paid vacation. Appellee also worked as a bus monitor one hour each weekday during the school year for $8.10 per hour. Appellee had applied for 10 positions in the past three years at school districts, an adult-care center, child-care programs, Lincoln Land Community College, Illinois Department of Corrections, and the Department of Children and Family Services. Appellee explained the Springfield school district had cut back on funding and a vacant position was often filled before the job became known to the public. She admitted she had not applied to schools in surrounding towns such as Delavan, Clinton, and Mason City but knew of nothing available in these areas.

Appellee testified she usually has 14 days off during Christmas. She had not sought part-time work at a department store or other similar establishment during this time since she would have to drive to Springfield, Decatur, or other larger cities and the travel expenses would not make the effort worthwhile. She worked as a waitress during the summers in Lincoln and had a babysitting job during the summer of 1990 earning about $2 per hour. She had not applied for other summer work. Appellee stated she was in good health and lived alone. She admitted that Christopher went to live with appellant in August 1988 and that she had not paid any child support to appellant. Appellee said she had sent money to Christopher for books and other expenses at college but she had not sent Christopher any money in the past year.

Appellant testified he resides in Petersburg and has worked as a helicopter pilot for the State of Illinois since 1986. Christopher initially attended Southern Illinois University in 1990 but had since transferred to Lincoln Land Community College and lives with appellant. Appellant testified that since Christopher moved in with him he has incurred more living expenses and paid $250 more on his medical insurance premium. He added he will have to provide Christopher with an automobile. Appellant is now remarried; his wife does not currently work. Appellant has a second job with the Illinois Coast Guard which consists of weekend work and a summer training session.

Appellant’s July 1990 affidavit listed gross monthly income at $3,093; his January 1992 affidavit shows a gross monthly income of $3,023. He explained his pay cut was due to decreased flight training in the National Guard and higher medical insurance premiums. Appellant testified his food expenses had gone up $150 a month, utilities increased $50 a month, and phone bill increased $30 a month from July 1990 to January 1992 due to having both his daughter and stepdaughter in the house. Appellant testified that both his travel expenses and auto expenses increased. When questioned about educational expenses for Christopher, appellant admitted he pays these from Christopher’s savings account which he (appellant) had funded with $10,000 he received from a trust on his mother’s side of the family. He did not list this money on his income affidavit. Appellant did not remember what year he received this money from the trust.

Appellant testified he and appellee own a house in Alabama. He has handled the rent and care of the house by agreement with appellee. The house is rented for $85 a month but he did not list this income on his affidavit because the money is used to pay costs of the property. He testified he and appellee purchased uncut, gem-quality diamonds for $27,000 during their marriage which are held in Massachusetts. In the last 12 months, appellant and his wife bought a tanning bed and a car for Christopher.

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Cite This Page — Counsel Stack

Bluebook (online)
605 N.E.2d 629, 237 Ill. App. 3d 952, 178 Ill. Dec. 835, 1992 Ill. App. LEXIS 2037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-pedersen-illappct-1992.