In re Marriage of Blum

State: Illinois

Court: 2nd District Appellate

Docket No: 2-06-0235 NRel

Case Date: 11/20/2007

Preview:No. 2--06--0235 Filed: 11-20-07 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ In re MARRIAGE OF STEVEN L. BLUM, ) Appeal from the Circuit Court ) of Lake County. ) Petitioner-Appellee, ) ) and ) No. 98--D--409 ) JUDY KOSTER, ) Honorable ) Joseph R. Waldeck, Respondent-Appellant. ) Judge, Presiding. ______________________________________________________________________________ Modified Upon Denial of Rehearing JUSTICE GILLERAN JOHNSON delivered the opinion of the court: The respondent, Judy Koster, appeals from the trial court's orders modifying the maintenance she receives from the petitioner, Steven Blum, and dismissing her petition for contribution to attorney fees. In addition, Judy asks us to reconsider our decision in In re Marriage of Konchar, 312 Ill. App. 3d 441 (2000). For the following reasons, we reverse and remand. BACKGROUND Judy and Steven were married on September 13, 1982. They had two sons: Eliot (born in 1984) and Theodore (born in 1986). Steven also had a son, Josh, from his first marriage, who lived with the family for several years. On February 25, 1998, Steven filed a petition for dissolution. On April 6, 2000, the trial court entered a judgment for dissolution that incorporated a marital settlement agreement (MSA).

No. 2--06--0235 The judgment granted Judy sole custody of the parties' children, who were 15 and 13 years old at the time. In the MSA, the parties also agreed that Judy would receive unallocated maintenance and support as follows: "Judy shall receive as the unallocated maintenance and support for her and the minor children, commencing April 1, 2000, the sum of Five Thousand Dollars ($5,000.00) per month for a total of sixty-one (61) consecutive months. Judy's right to receive maintenance and Steven's obligation to pay maintenance after April 30, 2005 is reviewable. Maintenance shall not terminate without a court order. This award is based on Steven's gross monthly income of Thirteen Thousand Three Hundred Thirty Three Dollars and thirty three cents ($13,333.33) and the fact that Judy is presently unemployed. In addition to the aforesaid, Judy shall also receive thirty eight and one-half percent (38

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