In re Marriage of Koenig

Illinois Appellate Court
Civil Court
Child Support
Citation
Case Number: 
2012 IL App (2d) 110503
Decision Date: 
Friday, April 27, 2012
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Reversed and remanded.
Justice: 
BURKE
Wife filed postdecree petition for contribution for daughter's college and law school expenses which accrued prior to filing of petition. MSA did not expressly reserve college expenses, and did not make reference to Section 513, but affirmatively assigned responsibility to both parties to pay college or post-graduate school education. Thus, any order entered per wife's petition would not adjust, change or alter this obligation as set forth in MSA, and wife is not barred from retroactively seeking to enforce MSA provision as to educational expenses. (BOWMAN and BIRKETT, concurring.)