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Powers v. Powers

OPINION FILED FEBRUARY 27, 1979.

JOHN GLENN POWERS, JR., PLAINTIFF AND COUNTERDEFENDANT-APPELLEE,

v.

JEANINE LOUISE POWERS, DEFENDANT AND COUNTERPLAINTIFF-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. WILLIAM E. PETERSON, Judge, presiding. MR. PRESIDING JUSTICE STAMOS DELIVERED THE OPINION OF THE COURT:

This appeal arises from the action taken by the circuit court of Cook County, divorce division, upon the petition for increased child-support payments filed by Jeanine Louise Powers. Pursuant to a hearing on said petition the circuit court denied the relief sought by Ms. Powers.

On March 6, 1974, Mr. and Mrs. John Glenn Powers were divorced. Incorporated into the judgment of divorce was a detailed property settlement agreement. This agreement contained provisions regarding child custody, child support, alimony, property distribution and attorneys' fees. This settlement agreement, in relevant part, provides:

"h) The counterdefendant shall pay to the counterplaintiff, as and for a lump sum settlement in lieu of alimony and support, the sum of $700.00 per month for 121 consecutive months, payable each and every month from and after the date of the entry of this Judgment for Divorce, and that said payments shall be subject to the following terms and conditions:

i) During the first 60 months of said payments no event other than the death of the counterplaintiff shall abate or diminish the counterdefendant's obligation to make instalment payments hereunder at the rate of $700.00 per month,

ii) From and after receipt by the counterplaintiff of 60 monthly instalments required under sub-paragraph i hereof, in the event of the wife's remarriage at any time before or after said 60 months period, the unpaid amount of the principal hereunder remaining payable to the wife, and the resulting monthly instalment payments, shall be reduced to $200.00 per month,

iii) Upon the attainment of the 18th birthday of each of said minor children or completion of their respective high school educations, whichever shall last occur, or in the event of the death, marriage, a child entering the Armed Services of the United States of America or a child taking separate residence away from that of the counterplaintiff, the payments aforesaid shall be reduced by the sum of $100.00 per month for each child upon the occurrence of one of the aforesaid events."

Subsequent to the divorce, Jeanine Powers filed a petition for increased child-support payments. The petition indicated that a judgment for divorce was entered on March 6, 1974, set forth the support provisions of the judgment and further stated:

"3. That at the time the Judgment for Divorce was entered in the above entitled cause the Petitioner was employed, and at the present time the Petitioner is unemployed.

4. That since the entry of the Judgment for Divorce on March 6, 1974, the cost of food, clothing, shelter, medical expenses and other living expenses for the minor children of the parties have increased materially and substantially, including but not limited to the following:

Prior Present Amount Amount (Per month) (per month)

Utilities $ 87.00 $141.00 Mortgage Payment 210.00 238.00 Food 300.00 450.00 Auto Insurance 25.00 30.00 Auto Payment None 123.00 Medical Insurance None 35.00 Repairs to Family Residence and Replacement of Residence None 50.00 Furnishings Federal Income Taxes relative to Alimony 15.00 25.00 Children's Clothing 80.00 125.00

5. That at the time the Judgment for Divorce was entered the Petitioner received approximately $6,000.00 in savings, all of which funds have now been exhausted due to the constant increase in the financial requirements of the minor children of the parties hereto, and that the Petitioner also has incurred additional debt in the amount of $4,600.00 in order to satisfy various financial obligations on behalf of the family.

6. That due to the material change of circumstances the Petitioner is unable to continue to maintain the home for the minor children of the parties hereto without additional financial assistance from the Counterdefendant.

7. That the Petitioner is informed and believes and on such information and belief states that the Counterdefendant has received a promotion in his present employment and, as a result of such promotion, ...


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