The Trial Court denied the ex-husband’s petition to modify or terminate maintenance. It granted the ex-wife’s motion to modify maintenance. It calculated maintenance to the wife based on the amended guidelines. The parties’ divorce had taken place before the new guidelines were in effect.

The Trial Court increased the ex-husband’s obligation based on its calculation of his income. Husband appealed.

The Appellate Court held that the Trial Court should not have used the amended guidelines formula. It remanded the case back to the Trial Court for determination of maintenance in an amount based on the factors in section 504(a). The wife had argued that section 504(a) was not the proper section of the statute to use. The Appellate Court said the other formula wife wanted to use was inapplicable.

It also stated that the Trial Court did not abuse its discretion in determining the ex-husband’s monthly income. It included inheritances he received. And it included the financial opportunities those assets provided him.

An Order of permanent maintenance to the ex-wife is warranted under the factors considered by the trial court. Including that she is unlikely to earn more income than she is presently earning. And that she cannot afford to purchase health insurance.

In re Marriage of Kuper, 2019 IL APP(3d) 180094 (April 17, 2019)

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