In re Marriage of Callahan

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 113751
Decision Date: 
January 23, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Justice: 
STERBA
Holding: 
Affirmed.
Two years after judgment of dissolution, wife filed motion to vacate, alleging that MSA was unconscionable and that husband and his counsel had misrepresented MSA's contents. Terms of MSA were unconscionhable, totally one-sided and oppressive; wife, a homemaker after birth of parties' daughter, was awarded $2500/month nonmodifiable maintenance for 14 years, but husband retained entire marital estate (marital residence and his entire pension); husband's assuming liability for $100,000 in marital debts does not offset value of what he received in MSA. (NEVILLE and HYMAN, concurring.)