In re Marriage of Wojcik

Illinois Appellate Court
Civil Court
Maintenance
Citation
Case Number: 
2018 IL App (1st) 170625
Decision Date: 
Monday, December 17, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div,
Holding: 
Affirmed in part and reversed in part.
Justice: 
GRIFFIN

(Court opinion corrected 2/22/19.) In Marital Settlement Agreement (MSA), husband was to pay financial support to wife for 60 months to support both the wife and the parties' then-minor child. After payments were made for 60 months, wife asked court to extend husband's maintenance obligation. After trial, court ordered husband to pay permanent maintenance, and to pay retroactive maintenance dating back to when the petition was filed. MSA provided that support obligation was for 60 months, reviewable. MSA contained express termination events, none of which ever occurred. Award was supported by the evidence, as wife's domestic duties, during 30-year marriage, allowed husband's business to thrive, she was a stay-at-home mother for most of the marriage, she would never achieve lifestyle she enjoyed during marriage, and made good faith efforts at self-sufficiency. Court erred in ordering husband to pay prejudgment interest on the retroactive maintenance award. The retroactive maintenance award did not become due and cannot be considered unpaid until the court entered judgment modifying and extending husband's support obligation.  (MIKVA and WALKER, concurring.)