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In re Marriage of Kandyce L. Sweders

May 21, 1998

IN RE MARRIAGE OF KANDYCE L. SWEDERS, N/K/A KANDYCE L. DE WITT, PETITIONER-APPELLANT, AND PETER A.P. SWEDERS, SR., RESPONDENT-APPELLEE.


Appeal from the Circuit Court of Du Page County. No. 82--MR--262 Honorable Terence M. Sheen, Judge, Presiding.

The opinion of the court was delivered by: Justice McLAREN

THE COURT OF APPEALS OF THE STATE OF ILLINOIS

The petitioner appeals the trial court's decision ordering her to pay child support for her son, Adam Kane Sweders, until he reaches the age of 22 or otherwise becomes emancipated under the terms of the marital settlement agreement entered in the original judgment of dissolution. We affirm.

The petitioner, Kandyce L. Sweders (Wife), and the respondent, Peter A.P. Sweders (Husband), married on August 7, 1970. Three children were born to the parties during the marriage: Peter August Sweders, Jr. (April 13, 1974), Todd Andrew Sweders (November 1, 1975), and Adam Kane Sweders (July 6, 1979). On April 8, 1982, a judgment for dissolution of marriage was entered by the circuit court of Cook County, Illinois. The judgment was subsequently entered in Du Page County. The judgment incorporated a settlement agreement entered into by the parties. The agreement provided, inter alia, that "the care, custody, control[,] and education of the children shall be with the Wife." The parties also agreed that the Husband would pay the Wife $2,000 a month "for support and maintenance of the Wife and the children." The settlement agreement included the following provision regarding support payments:

"3.02 Upon the occurrence of any of the following conditions, the monthly payment shall be reduced in the amount hereinafter set forth:

a. In the event that the Wife should remarry, then the monthly payment will be reduced by $500.

b. If custody of any of the children shall change to the Husband, then the monthly payment shall be reduced by $333.33 for each such child.

c. If the Husband shall have custody of all of the children at any time and more than five years have passed since the entry of the judgment of dissolution, then all payment shall cease.

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e. When a child becomes emancipated then the monthly payment shall be reduced by $333.33 for each such child.

f. When all of the children become emancipated, then all payment shall cease; provided, however, that if the Wife has not remarried, the monthly payments shall be at least $1,000 for five years after the entry of the judgment of dissolution."

The agreement contained the following provision regarding the emancipation of the children:

"3.03 A child shall be deemed to be emancipated on the first to occur of any of the following events:

a. The child's reaching majority or completing his education, whichever is later ...


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