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In re Marriage of Gray

June 13, 2000

IN RE MARRIAGE OF PATRICIA L. GRAY, PETITIONER-APPELLEE, AND JOHN C. GRAY, RESPONDENT-APPELLANT.


Appeal from the Circuit Court of Du Page County. No. 88--D--0545

Honorable John W. Demling, Judge, Presiding.

JUSTICE INGLIS delivered the opinion of the court:

Respondent, John C. Gray, appeals the order of the circuit court of Du Page County granting his petition to terminate maintenance obligations from the date he filed his petition rather than from the date on which petitioner, Patricia L. Gray, began cohabiting with another person on a resident, continuing, conjugal basis. John contends that both section 510(c) of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/510(c) (West 1996)) and the marital settlement agreement incorporated in the judgment of dissolution require that the obligation to pay maintenance automatically terminates when the recipient cohabits with another person on a resident, continuing, conjugal basis.

Patricia and John's marriage was dissolved on July 15, 1988. The judgment of dissolution incorporated the marital settlement agreement, which provided that John pay Patricia permanent maintenance in the amount of $16,200 annually. The agreement further provided, in relevant part, that John's obligation to pay maintenance "terminated on the earliest of the following events: (a) the remarriage of Patricia; or (b) the death of either party; or (c) the cohabitation of Patricia."

On February 18, 1998, Patricia filed a petition to collect past-due maintenance payments, alleging that John had not complied with the terms of the settlement agreement. The petition further alleged that John had not made full monthly payments since March 1995 and owed her $19,310.50 in arrearage. On June 22, 1998, John filed a petition to terminate maintenance alleging, inter alia, that Patricia cohabited with another in violation of section 510(c) of the Act and the marital settlement agreement. During her deposition, Patricia admitted that she cohabited with Elvie Evans.

Thereafter, John filed a motion for summary judgment requesting the trial court to find that Patricia cohabited with Evans on a resident, continuing, conjugal basis and to terminate maintenance no later than November 16, 1991, the date of Evans's death. The trial court agreed that Patricia did cohabit with Evans on a resident, continuing, conjugal basis and found that it began late in February or March 1991 and lasted until the time of Evans's death. The court further found that such cohabitation was of the nature to terminate John's maintenance obligations to Patricia based on the parties' marital settlement agreement as well as section 510(c) of the Act. The court, however, believed that it was bound by the holding of In re Marriage of Kessler, 110 Ill. App. 3d 61 (1982), and concluded that John's obligations to pay maintenance to Patricia terminated on July 22, 1998, the date John filed the petition to terminate maintenance. Patricia then was awarded the relief sought in her petition, and judgment was entered against John for maintenance arrears in the amount of $22,986.86. John timely appeals from the portion of the order granting his motion for summary judgment to terminate maintenance obligations from the date of filing of the petition rather than from the date on which Patricia began cohabiting with Evans.

On appeal, John contends that the trial court erred in finding that maintenance obligations terminate on the date of the filing of the petition. John asserts that both section 510(c) of the Act and the settlement agreement clearly provide that maintenance terminates when the recipient cohabits on a resident, continuing, conjugal basis. Patricia argues that sections 510(a) and (c) must be read together. Patricia asserts that, because each case is unique, the obligation to pay maintenance can be terminated only upon the trial court's finding of resident, continuing, conjugal cohabitation and these facts can be brought before the court only by the filing of a petition.

Summary judgment is proper when the pleadings, depositions, and admissions on file, together with the affidavits, if any, reveal that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2--1005(c) (West 1998); American Family Mutual Insurance Co. v. Hinde, 302 Ill. App. 3d 227, 231 (1999). We review de novo an order granting summary judgment. Harris Bank v. City of Geneva, 278 Ill. App. 3d 738, 741 (1996).

The resolution of this appeal turns on the construction of section 510(c) of the Act. Davis v. Toshiba Machine Co., America, 186 Ill. 2d 181, 183 (1999). The cardinal rule of statutory construction is to ascertain and give effect to the plain meaning of a statute, and that inquiry begins with the language of the statute itself. Davis, 186 Ill. 2d at 184-85. Courts look first to the words of the statute, as the language used by the legislature is the best indication of legislative intent. Nottage v. Jeka, 172 Ill. 2d 386, 392 (1996). A court must give the statute effect as written where the language is clear and unambiguous, without reading into it exceptions, limitations, or conditions that the legislature did not express. Davis, 186 Ill. 2d at 184-85. When the language of a statute is clear, no resort is necessary to other tools of interpretation. Davis, 186 Ill. 2d at 185.

We agree with John that section 510(c) of the Act clearly does not require that a payor spouse must file a petition before maintenance obligations may terminate. Section 510(c) provides:

"Unless otherwise agreed by the parties in a written agreement set forth in the judgment or otherwise approved by the court, the obligation to pay future maintenance is terminated upon the death of either party, or the remarriage of the party receiving maintenance, or if the party receiving maintenance cohabits with another person on a resident, continuing conjugal basis." 750 ILCS 5/510(c) (West 1996).

Section 510(c) flatly states that the obligation to pay future maintenance "is terminated" by the "resident, continuing conjugal" cohabitation of the recipient with another person. Therefore, cohabitation automatically terminates the maintenance obligation.

We also find that the legislature intended to establish a distinct standard between terminating maintenance and modifying maintenance. Unlike section 510(c), section 510(a) provides:

"Except as otherwise provided in paragraph (f) of Section 502 and in subsection (d), clause (3) of Section 505.2, the provisions of any judgment respecting maintenance or support may be modified only as to installments accruing subsequent to due notice by the moving party of the filing of the motion for modification and, with respect to maintenance, ...


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