Husband a Motion to Modify the trial court’s award of maintenance to Wife. He said he had a change in his employment status. He said that he had a back condition that affected his ability to work.
The court said that the only objective evidence for this condition was Husband’s self report. And, the fact that Husband had a history of not paying support. His motion was denied.
Judge ordered maintenance to Wife until Wife’s 66th birthday. Wife appealed.
Appellate Court said that there was no reason for this in the court evidence. The evidence showed the opposite. Wife would not be able to support herself. She would require permanent maintenance.
The trial court had also ordered that interim attorney fees be paid. The source of payment was to be Husbands 401(k) retirement account.
Husband appealed. The Appellate Court said this was not correct. The law provides that a retirement account is exempt.
Wife had filed a petition for Husband to pay some of her attorney fees. The Court said that she must show that she was unable to pay her fees. Then, she must show that her Husband could pay her fees. In addition to his own fees. The court said that neither was in a position to be able to pay the other party’s attorney fees.
In re Marriage of Shen, 2015 IL App (1st) 130733.
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