In re Marriage of Baumgartner

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State: Illinois

Docket No: 109047 Rel

Case Date: 05/20/2010

Preview:Docket No. 109047.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS ________________

In re MARRIAGE OF SUSAN LYNN BAUMGARTNER, Appellee, and CRAIG BAUMGARTNER, Appellant. Opinion filed May 20, 2010.

JUSTICE FREEMAN delivered the judgment of the court, with opinion. Chief Justice Fitzgerald and Justices Thomas, Kilbride, Garman, Karmeier, and Burke concurred in the judgment and opinion.

OPINION In their judgment for dissolution of marriage, Susan Lynn Baumgartner (Susan) and Craig Baumgartner (Craig) agreed to contribute to the postsecondary education expenses of their son, Maxwell Baumgartner (Max). The circuit court of Cook County terminated Craig's obligation to contribute to Max's postsecondary education expenses. A divided panel of the appellate court reversed the order of the circuit court. 393 Ill. App. 3d 297. This court allowed Craig's petition for leave to appeal. 210 Ill. 2d R. 315. We now affirm the judgment of the appellate court, which reversed the order of the circuit court, and we remand the cause to the circuit court for further proceedings.

BACKGROUND In April 1998, the circuit court dissolved the marriage of Susan and Craig. They had one child, Max, who was 10 years old at the time of the dissolution. A marital settlement agreement was incorporated into the judgment for dissolution of marriage. Pursuant to the agreement, Susan and Craig were awarded joint custody of Max, who would reside with Craig and have liberal visitation with Susan. 1 The marital settlement agreement also addressed Max's postsecondary education expenses as follows: "2.16 CRAIG and SUSAN shall be responsible for post high school educational expenses for their child as provided by the applicable section of the Illinois Marriage and Dissolution of Marriage Act in force when Max is ready to incur these expenses. CRAIG shall continue to maintain the Florida PrePaid tuition and dorm college account with combined deposits currently valued at $4000.00. The Parties' obligation for college educational expenses will be reduced by the value of this account when Max begins his post high school education. 2.17 The Parties' obligation in this regard shall only be conditioned upon the ability to pay these expenses when incurred, and the child's desire and ability to further his education." Also, section 2.18 provided: "Both parties shall maintain a life insurance policy paying death benefits to the surviving parent, as trustee for Max, of not less than $50,000.00, until such time as he has finished college or graduate school. This obligation shall not continue beyond Max's twenty-fifth birthday." In January 2008, Craig filed a motion to amend the dissolution judgment pertaining to Max's postsecondary education expenses. In

In 2001, the circuit court entered an agreed order modifying the dissolution judgment. Although the original dissolution judgment provided that Max would reside with Craig, the court found that Max actually had been residing primarily with Susan for approximately 2

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