In Re Marriage of Robinson

539 N.E.2d 1365, 184 Ill. App. 3d 235, 132 Ill. Dec. 559, 1989 Ill. App. LEXIS 896
CourtAppellate Court of Illinois
DecidedJune 14, 1989
Docket5-87-0825
StatusPublished
Cited by3 cases

This text of 539 N.E.2d 1365 (In Re Marriage of Robinson) 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 Robinson, 539 N.E.2d 1365, 184 Ill. App. 3d 235, 132 Ill. Dec. 559, 1989 Ill. App. LEXIS 896 (Ill. Ct. App. 1989).

Opinion

JUSTICE GOLDENHERSH

delivered the opinion of the court:

Respondent, Billy J. Robinson, appeals from the judgment of the circuit court of Shelby County denying his motion to terminate temporary maintenance. The circuit court found that the maintenance order was maintenance in gross and as such was nonmodifiable. On appeal respondent raises the issue whether the trial court erred in determining that the maintenance order was an order providing for maintenance in gross.

On May 26, 1983, petitioner, Donna Robinson, filed a petition for dissolution of marriage. On June 18, 1985, the court entered a memorandum judgment regarding the property division, which stated:

“9 — That Temporary Maintenance should be awarded to WIFE, to allow her to rehabilitate herself, to allow for the transitional period, to allow her to undergo educational and/or job-training experience, and to allow her to obtain employment. The Court orders HUSBAND to pay to WIFE said maintenance as follows:
$1500.00 per month, beginning July 1, 1985, for 24 months; and
$750.00 per month, beginning July 1, 1987, for the next 36 months.
Same is to be payable from the income, or the property, or both, of HUSBAND.”

In the court’s July 12, 1985, judgment, it amended the memorandum judgment regarding the $750 monthly maintenance. Instead of 37 months, the court amended it to state, “$750 per month on July 1, 1987 and on the 1st day of the next 35 months thereafter. Thereafter, Plaintiff shall be barred of further maintenance from Defendant.”

In dividing the marital property, the court also awarded:

“In addition thereto, the Court directs that WIFE receive cash in the amount of $175,000.00; and orders that same be paid by HUSBAND to WIFE as follows:
$10,000.00 by August 1,1985,
$15,000.00 by October 1,1985, and
$150,000.00 to be paid in ten (10) annual principal installments of $15,000.00 each, plus annual interest payments to likewise be payable at the annual rate of 10%, payable from July 1, 1985 on the said remaining unpaid principal; said payments of principal and interest to be due and payable on the 1st day of July of each year, commencing on July 1, 1986. The Court orders that a lien attach to the 400 acre farm to secure the payments herein provided for.”

In addition to the above payments, the court denied petitioner’s request for permanent maintenance and granted temporary maintenance to her as set forth hereinabove. Later, on September 27, 1985, the court entered an order which in part amended the maintenance. The order stated that the maintenance payments would terminate upon death or remarriage of petitioner.

On October 1, 1987, respondent filed a petition for termination of temporary maintenance alleging that he “has experienced a substantial reduction in income since the Judgment of Dissolution of marriage was entered.” The hearing on the motion was held on November 6. Thereafter, the court entered an order in the docket sheet finding that the temporary maintenance cannot be modified because it was maintenance in gross. From this order, respondent appeals.

The question before this court is whether the trial court erred when it determined that the maintenance order was for maintenance in gross and as such nonmodifiable. Respondent argues that section 510 of the Illinois Marriage and Dissolution of Marriage Act (the Act) (Ill. Rev. Stat. 1983, ch. 40, par. 510) does not distinguish between maintenance and maintenance in gross, and as such, all maintenance orders are modifiable under appropriate circumstances. Petitioner responds that the order was rehabilitative maintenance in gross because, for one reason, the trial court held that respondent lacked credibility and dissipated marital assets.

This court initially notes that respondent’s argument does not correctly cite the law because maintenance in gross is nonmodifiable. This court also finds that the record does not support petitioner’s argument because respondent had paid all of his obligations to petitioner prior to this appeal and only requested termination of maintenance in light of his alleged change in circumstances.

One goal of the Act is “to permit the parties to sever economic ties within a reasonable time period and to provide an incentive for a spouse seeking maintenance to acquire the skills necessary to become self-sufficient.” (In re Marriage of Callaway (1986), 150 Ill. App. 3d 712, 716-17, 502 N.E.2d 366, 370.) The goal of the Act embodies the concept which is to help and encourage a spouse to regain dormant employment skills or develop new ones (In re Marriage of Bramson (1981), 100 Ill. App. 3d 657, 659, 427 N.E.2d 285, 287); and in certain situations, to provide supplementary income where the spouse cannot support herself in her predissolution lifestyle (In re Marriage of Heller (1987), 153 Ill. App. 3d 224, 233, 505 N.E.2d 1294, 1301). Where the court has set a specific point in time for a termination date, the court may reserve jurisdiction to review the award. (In re Marriage of Asch (1981), 100 Ill. App. 3d 293, 298, 426 N.E.2d 1066, 1069.) A specific termination date should not be set unless the evidence clearly indicates that the supported spouse will be able to provide for her own financial needs at a specific point in time. (In re Marriage of Bramson (1981), 100 Ill. App. 3d 657, 659, 427 N.E.2d 285, 287.) “One purpose of a future review of maintenance is to ensure that the ultimate-amount and duration of maintenance will be based on the parties’ actual needs and abilities, not on speculation as to their future conditions.” (Beermann & London, Rehabilitative Maintenance in Illinois, 75 Ill. B.J. 658, 664 (1987), citing In re Marriage of Campise (1983), 115 Ill. App. 3d 610, 614, 450 N.E.2d 1333, 1336.) This court agrees:

“An order for rehabilitative maintenance should satisfy three objectives. First, it should encourage and enable a formerly dependent spouse to become self-supporting. Second, it should allow for the continuation of maintenance on review if the spouse is genuinely unable to be self-supporting. Third, it should allow for a reduction or termination of maintenance if an able recipient fails to make a diligent attempt to become self-sufficient. An order which meets all of those objectives will be fair to both parties and consistent with the letter and spirit of section 504 of the Illinois Marriage and Dissolution of Marriage Act.” 75 Ill. B.J. at 665.

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Bluebook (online)
539 N.E.2d 1365, 184 Ill. App. 3d 235, 132 Ill. Dec. 559, 1989 Ill. App. LEXIS 896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-robinson-illappct-1989.