In re Marriage of Kuper

Summary

The Illinois Appellate Court reviewed a post-dissolution dispute concerning whether maintenance should be terminated or increased after the payor spouse retired. The court upheld permanent maintenance and the trial court’s income calculation, but held that amended statutory maintenance guidelines did not apply to modification of a preexisting maintenance order and remanded for recalculation based on the statutory factors.

Holdings

1. The circuit court did not abuse its discretion by continuing Rita's maintenance and making the award permanent because the statutory maintenance factors supported the award, including Rita's continuing need, limited earning capacity, the long duration of the marriage, and LaVern's increased ability to pay.
2. The circuit court did not abuse its discretion in determining LaVern's monthly income to be $14,114.15 based on his pension, expenditures, and financial resources, while expressly declining to treat his investment-account withdrawals as additional income.
3. The amended maintenance guidelines in section 504(b-1)(1) do not apply to a post-dissolution proceeding modifying a preexisting maintenance order. The amount of modified maintenance must instead be determined under the factors in sections 510(a-5) and 504(a).

Questions Presented

1. Whether the circuit court abused its discretion by denying LaVern's petition to terminate maintenance and by continuing and making Rita's maintenance award permanent.
2. Whether the circuit court abused its discretion in calculating LaVern's income based on his pension and monthly expenditures while considering his inherited assets and financial resources.
3. Whether the amended maintenance guidelines in section 504(b-1)(1) of the Illinois Marriage and Dissolution of Marriage Act applied to a post-dissolution proceeding to modify a preexisting maintenance order.

Disposition

reversed_and_remanded