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03/24/88 In Re Marriage of Mary Jo Garelick

March 24, 1988

IN RE MARRIAGE OF MARY JO GARELICK, PETITIONER-APPELLEE,


APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION

and KENNETH N. GARELICK, Respondent-Appellant

522 N.E.2d 738, 168 Ill. App. 3d 321, 119 Ill. Dec. 76 1988.IL.418

Appeal from the Circuit Court of Cook County; the Hon. John J. Beatty, Judge, presiding.

APPELLATE Judges:

JUSTICE LINN delivered the opinion of the court. JIGANTI, P.J., and JOHNSON, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LINN

Respondent, Kenneth Garelick, brought a post-dissolution petition for modification in the circuit court of Cook County against petitioner, Mary Jo Garelick. Kenneth petitioned the trial court to terminate unallocated maintenance to Mary Jo and to replace the maintenance with child support. Following a bench trial, the court entered an order reducing, but not terminating, Mary Jo's unallocated maintenance. In a separate order, the trial court denied Mary Jo's petition for attorney fees and costs.

Kenneth appeals, contending (1) the trial court's finding that Mary Jo still requires maintenance was against the manifest weight of the evidence, and (2) the trial court improperly speculated on his future income. Mary Jo also appeals, contending the trial court erred in denying her petition for attorney fees and costs.

We affirm the orders of the trial court in all respects.

Background

On April 26, 1984, the trial court entered a dissolution of marriage judgment ending the marriage of Kenneth and Mary Jo. A settlement agreement incorporated into the judgment resolved issues including property distribution and maintenance. The agreement provided that Kenneth pay Mary Jo $1,500 per month for unallocated maintenance, which included maintenance for Mary Jo and child support for their minor children. The settlement agreement also provided for the review of the amount of the payments after five years or if there was a material change in the financial circumstances of either party.

The record shows that at the time of the dissolution in 1984, Kenneth was employed by Wickes Companies as a regional vice-president, earning a gross annual salary of $61,000. During 1984, Kenneth also inherited an interest in oil leases that added $3,609 to his annual income. In April 1985, however, due to a major corporate reorganization, Wickes Companies terminated the employment of Kenneth and several other executives. At the time of his discharge, Kenneth entered into a severance agreement with Wickes that provided that he would continue to receive his salary through August 1985.

Kenneth's search for new employment resulted in a position with Homeclub Warehouse in Fullerton, California. He was employed as a warehouse manager, earning a gross annual salary of $50,000. Kenneth also continued to receive the income from his interest in the oil leases.

The record also shows that at the time of the dissolution, Mary Jo was employed part-time as a secretary, earning an annual salary of $12,949. Shortly after the trial court entered the judgment of dissolution, Mary Jo began working full-time, increasing her salary to $23,280. The trial court awarded her the marital residence, pursuant to the settlement agreement. Mary Jo sold the house in ...


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