In re Marriage of Mayhall, No. 4-99-0532

4th District, 9 February 2000

PRESIDING JUSTICE COOK delivered the opinion of the court:

Petitioner, Edward R. Mayhall, and respondent, Tammy L. Mayhall, were married in June 1985. At that time Edward was about 21 years old, and Tammy was about 19 years old. The parties had two children, Alex, born in 1988, and Kaitelyn, born in 1989. Edward petitioned for dissolution of marriage on June 30, 1998, and on May 4, 1999, the circuit court entered its final order granting the petition.

Pursuant to the agreement of the parties (which was based on a custody evaluation), the circuit court awarded custody of Alex to Edward and custody of Kaitelyn to Tammy. Tammy was eventually ordered to pay $18-per-week child support for Alex ($78 per month). Edward was ordered to pay $286 biweekly as child support for Kaitelyn ($619.67 per month). Edward was also ordered to maintain his existing medical insurance on the children and to pay 75% of the medical bills not covered by insurance, with Tammy to pay the other 25%.

Edward, 34 years old at the time of the judgment, is employed at Mitsubishi Motor Manufacturing of America. The court found that Edward's net income was $1,431 every two weeks. During the years 1994 through 1997, Edward's gross income averaged $49,116 per year.

Tammy, 32 years old at the time of the judgment, has a high school education, but no further training or education. During the marriage, she babysat three children at $1.50 per hour. During the last five years, Tammy worked off and on at Getz Greenhouse (owned by her father), most recently earning $6 per hour. Tammy has income of about $490 per month. Since the spring of 1998, Tammy has looked for employment at nursing homes and day-care centers, which pay $5.15 per hour. She hopes to find employment as a teacher's aide, which pays $6.75 per hour.

Pursuant to the agreement of the parties, the trial court ordered the sale of the marital residence, now listed for sale at $86,000. There is a mortgage balance of $39,000. Tammy is allowed to live in the residence until it is sold and is required to make the mortgage payments, being reimbursed from the sale proceeds for her principal payments. Two loans, in the amounts of $5,373 and 5,205, are also to be paid from the proceeds, and the balance divided between the parties. Edward is to pay Tammy's attorney fees ($2,384.50). Edward was awarded his truck, valued at $8,475, and one-half the net value of his 401(k) plan, $17,648. He was ordered to pay the debt on the truck, $13,000, and a debt to his parents, $4,816. Tammy was awarded her car, valued at $9,925, one-half of Edward's 401(k) plan, $17,648, and some funds given her by her church, $4,800. She was ordered to pay the debt on her truck of $9,500, a debt to her parents of $2,500, and the custody evaluation bill of $1,100. Totaling these figures, and assuming the residence is sold for the listed price, Edward leaves the marriage with $24,134, and Tammy with $39,868.

Finally, the trial court awarded Tammy maintenance of $214 biweekly ($463.67 per month), subject to modification or termination as provided by statute (750 ILCS 5/510 (West 1996)). Accordingly, from Edward's monthly net income of $3,100, he must pay Tammy $619.67 as child support and $463.67 as maintenance, leaving him with $2,016.66. He also receives $78 child support, a total of $2,094.66. From Tammy's monthly net income of $490, she must pay child support of $78, leaving her with $412. She also receives $619.67 as child support and $463.67 as maintenance, a total of $1,495.34, as compared to Edward's $2,094.66.

Edward appeals, arguing the trial court should have denied maintenance altogether or in the alternative should have awarded time-limited/reviewable maintenance and ordered Tammy to seek employment. We affirm.

Is an award of maintenance generally necessary following a lengthy marriage? That was true in past years, where the only decree possible was one of judicial separation, where the wife was not allowed to hold property in her own name, or where property was awarded to the person in whose name it was titled, usually the husband. See 2 H. Clark, Domestic Relations