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06/14/89 In Re Marriage of Donna J. Robinson

June 14, 1989

IN RE MARRIAGE OF DONNA J. ROBINSON, PETITIONER-APPELLEE,


APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT

and BILLY J. ROBINSON, Respondent-Appellant

539 N.E.2d 1365, 184 Ill. App. 3d 235, 132 Ill. Dec. 559 1989.IL.892

Appeal from the Circuit Court of Shelby County; the Hon. James Harvey, Judge, presiding.

APPELLATE Judges:

JUSTICE GOLDENHERSH delivered the opinion of the court. RARICK and CHAPMAN, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE GOLDENHERSH

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. ...


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