The former wife appealed from an order of the court. She had been receiving $1,000 per month for unallocated maintenance and child support. The court reduced that amount to $430 per month in child support. She was no longer entitled to maintenance as she had remarried.
Her maintenance payment was terminated as of the date of her remarriage. Not as of the later date that her ex-husband filed his Motion to Terminate Maintenance.
The ex-wife argued that the trial court did not have enough evidence of her ex-husband’s income upon which to base the current order of child support. She waived this argument in the Appellate Court. She had not raised it in the trial court. She had made no objection on this basis when the court below entered its order. The Appellate Court said that she acquiesced in the manner in which the hearing was conducted. She cannot raise this issue for the first time on appeal.
The Appellate Court did send the case back to the trial court to compute the minimum amount of child support that would be required under the child support statute. But ex-wife’s remarriage terminated her maintenance from her ex-husband.
IRMO Erickson, 136 Ill.App.3d 907 (2nd Dist., 1985).
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