Court denied ex-husband's petition to modify or terminate maintenance and granted ex-wife's motion to modify maintenance. Court increased ex-husband's obligation based on its calculation of his income. Court should not have used amended guidelines (formula in Section 504(b-1)(1)) of Marriage and Dissolution of Marriage Act. Remanded for determination of maintenance in an amount based on factors in section 504(a). Court did not abuse its discretion in determining ex-husband's monthly income to include inheritances he received and the financial opportunities those assets provided him. Order of permanent maintenance to ex-wife is warranted under factors considered by trial court, including that she is unlikely to earn more income than presently earning, and that she cannot afford to purchase health insurance. (LYTTON, concurring; SCHMIDT, dissenting.)
Illinois Appellate Court
Civil Court
Maintenance