In re Marriage of Benjamin

Illinois Appellate Court
Civil Court
Case Number: 
2017 IL App (1st) 161862
Decision Date: 
August 14, 2017
1st Dist.
Cook Co., 1st Div.

Eight years after entry of judgment of dissolution, parties entered into agreed modification of judgment that husband would make several payments totaling $500,000 in maintenance. Three years later, husband filed section 2-1401 petition to vacate, claiming that he was fraudulently induced into agreement. Court properly denied petition to vacate, as husband failed to establish fraudulent concealment or present evidence supporting required elements of a section 2-1401 claim. Husband's knowledge of wife's accounts well before he filed petition, and his failure to conduct any follow-up discover thereafter, forecloses his claiming fraud. Court did not abuse discretion in awarding attorney fees to wife; proceedings lasted 3 years  and 3 days of court testimony were given. (SIMON and MIKVA, concurring.)