In Re Marriage of Petersen

955 N.E.2d 1131, 353 Ill. Dec. 320
Illinois Supreme Court·Decided September 22, 2011·No. 110984·Published·Cited by 4 cases

Opinion

955 N.E.2d 1131 (2011)
353 Ill. Dec. 320

In re MARRIAGE OF Janet Kellogg PETERSEN, Appellant, and
Kevin Petersen, Appellee.

No. 110984.

Supreme Court of Illinois.

September 22, 2011.

*1132 Annette M. Fernholz, of Chicago, for appellant.

Philip J. Nathanson, of Chicago, and Lawrence S. Starkopf, of Starkopf & Silverman, of Highland Park, for appellee.

OPINION

Justice FREEMAN delivered the judgment of the court, with opinion.

¶ 1 Leave to appeal was granted in this case to determine the appropriate means by which to apportion postdissolution decree college expenses where the judgment of dissolution reserved the issue for future consideration.

¶ 2 Background

¶ 3 Janet and Kevin Petersen married on September 1, 1983. They had three sons, Gregory (born August 12, 1984), Ian (born October 21, 1985), and Ellis (born April 19, 1989). In June 1996, Janet and Kevin separated. The circuit court of Cook County entered a judgment of dissolution of marriage on August 27, 1999.

¶ 4 The judgment decree awarded Janet sole custody of the three children. Sections 3, 4, and 5 of the judgment addressed the issue of the children's support. Section 3 ordered Kevin to pay Janet monthly child support. Section 4 ordered Kevin to maintain the children on a major medical *1133 health insurance plan, with the couple to contribute equally to any medical costs not covered by insurance. Section 5 ordered Kevin to continue his life insurance coverage for as long as he remained obligated to support Janet or the children. With respect to Kevin's obligation to the children, Kevin was to name the children the irrevocable beneficiaries of the policy "until Kevin's obligation to support them (including any obligations for colleges expenses) is terminated." Section 6 of the decree included the following language:

"The Court expressly reserves the issue of each party's obligation to contribute to the college or other education expenses of the parties' children pursuant to Section 513 of the Illinois Marriage and Marriage Dissolution Act."

The decree further noted that Janet and Kevin "agreed to and adopted" a "Custody and Visitation Agreement" which was incorporated into the final decree. That agreement stated:

"Janet shall consult Kevin on all issues relating to the children's education. Kevin shall be granted at least 48 hours notice to consult with Janet prior to any decision being made concerning any said educational issue. Janet shall have the final decision and authority to make all educational decisions."

The decree further stated that the court expressly retained jurisdiction of the cause for the purpose of enforcing all the terms of the judgment.

¶ 5 On May 17, 2007, Janet filed a petition to allocate the college expenses of the children. In the petition, she asked for contributions from Kevin for the tuition and expenses incurred by their son Gregory, who attended Cornell University beginning in 2002, and who had graduated in 2006. She also asked for reimbursement of the tuition and expenses of their son Ian, who had started his college studies at Wake Forest University in 2004. In 2005, Ian transferred to the University of Texas, where he was pursuing an engineering degree at the time of the petition's filing. Janet also sought a ruling on the future college tuition and expenses of their son Ellis, who was to graduate from high school in May 2007 and had been admitted to California Polytechnic State University for the semester beginning in the fall of 2007.

¶ 6 After a hearing, the circuit court ordered Kevin to pay 75% of the total college expenses for all three children. Ultimately, the court determined the amount Kevin owed was $227,260.68 for past college expenses, and $46,290.91 for Ian's and Ellis's expenses for the 2008-09 school year. Kevin appealed.

¶ 7 The appellate court affirmed in part and reversed in part. 403 Ill.App.3d 839, 342 Ill.Dec. 723, 932 N.E.2d 1184. The appellate court held that Janet's 2007 petition constituted a modification to the parties' 1999 divorce decree. Applying section 510 of the Illinois Marriage and Dissolution of Marriage Act, the court held that the circuit court could not order Kevin to pay for those college expenses that predated the filing of Janet's petition. The appellate court further held that the circuit court did not err when it determined that Kevin should pay 75% of his children's college expenses. This appeal followed upon our allowance of Janet's petition for leave to appeal. Ill. S.Ct. R. 315(a) (eff.Feb. 26, 2010).

¶ 8 Analysis

¶ 9 Janet maintains that the appellate court erred in precluding her from obtaining contributions from Kevin for expenses that predate the filing of her petition. She argues that the appellate court improperly applied section 510 of the Illinois Marriage and Dissolution of Marriage *1134 Act (the Act) to her. The issue presents a question of law concerning the interpretation of a statute. Our review is therefore de novo. In re Andrew B., 237 Ill.2d 340, 348, 341 Ill.Dec. 420, 930 N.E.2d 934 (2010).

¶ 10 The Act contains various provisions which govern the numerous issues that arise during divorce proceedings, such as the distribution of marital property (750 ILCS 5/503 (West 2006)), spousal maintenance (750 ILCS 5/504 (West 2006)), and child custody (750 ILCS 5/601 (West 2006)) and support (750 ILCS 5/505, 513 (West 2006)). The Act envisions that the parties may amicably agree on many of these issues and allows for agreements to be incorporated into the judgment of dissolution entered by the court. 750 ILCS 5/502 (West 2006). The Act also recognizes that because circumstances do not always remain the same as they were on the date a judgment of dissolution is entered, modifications may be necessary. 750 ILCS 5/510 (West 2006). Section 510 provides the statutory framework for modifications, depending on the issue for which the modification is sought. 750 ILCS 5/510 (West 2006). Section 510 also states that modifications are not retroactive. Specifically, the statute provides:

"Except as otherwise provided * * *, the 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 * * *." 750 ILCS 5/510(a) (West 2006).

The appellate court relied on this language in determining that Kevin's obligation for college support could not begin prior to May 17, 2007, the date on which Janet filed her petition.

¶ 11 Janet asserts two different bases as to why section 510 of the Act is inapplicable. She first contends that section 510 only pertains to child support payments authorized by section 505 of the Act and not to education payments, such as those at issue here, ordered pursuant to section 513. We disagree.

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In Re Marriage of Petersen, 955 N.E.2d 1131, 353 Ill. Dec. 320 (Ill. 2011).

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