Husband filed petition for termination of maintenance based on the cohabitation of his ex-wife. Per terms of Agreed Order modifying Marital Settlement Agreement, maintenance would terminate upon wife's cohabitation. Husband's failure to produce paystubs as part of his child support obligations, as Agreed Order required, was without justification and thus a basis for contempt. Wife's motion to enforce child support and maintenance sought to enforce only the terms of the existing Agreed Order and thus was not a new proceeding but a continuation of the dissolution proceedings. Thus, court did not err when it did not deduct husband's maintenance payments from his net income for the purpose of determining the amount of child support owed. Court did not abuse its discretion in finding that the amount of time billed by husband's trial counsel, and its minimum billing increment of 15 minutes were reasonable. (HUTCHINSON and ZENOFF, concurring.)
Illinois Appellate Court
Civil Court
Maintenance