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08/29/94 MARRIAGE NORMA GLEE FRASCO

APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT


August 29, 1994

IN RE: THE MARRIAGE OF NORMA GLEE FRASCO, PETITIONER-APPELLEE, AND R. ROBERT FRASCO, RESPONDENT-APPELLANT.

Appeal from Circuit Court of Sangamon County. No. 87D37. Honorable George H. Ray, Judge Presiding. Original Opinion of February 14, 1994, Reported at 638 N.E.2d 655, 265 Ill. App. 3d 171, 202 Ill. Dec. 787.

Petition for Leave to Appeal Denied December 6, 1994. 265 Ill. App. 3d 171 at 181. 202 Ill. Dec 787 at 794. 638 N.E.2d 655 at 662.

Cook, Knecht, Green

The opinion of the court was delivered by: Cook

SUPPLEMENTAL OPINION ON DENIAL OF PETITION FOR REHEARING

JUSTICE COOK delivered the opinion of the court:

In In re Marriage of Cotton (1984), 103 Ill. 2d 346, 360-62, 469 N.E.2d 1077, 1084-85, 83 Ill. Dec. 143, the supreme court held that where a petitioner by her own misconduct makes post-decree proceedings necessary it is inequitable to require respondent to pay fees to petitioner's attorneys, even if respondent is well able to do so. Respondent, citing Cotton, asserts in his petition for rehearing that we should not have required him to pay petitioner's attorney fees. It should be understood, however, that maintenance was not here terminated on account of petitioner's immorality or misconduct, any more than it would have been if maintenance had been terminated because petitioner had remarried. Maintenance was terminated because of the existence of a statutory factor requiring termination. There was a substantial question whether that factor existed, and petitioner was entitled to representation in litigating that issue.

KNECHT and GREEN, JJ., concur.

19940829

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