In the divorce Judgment (MSA), Husband was to pay Wife $5,000 in monthly maintenance. For at least seven consecutive years. Before seven years expired, Wife could file a petition to extend maintenance payments.
Wife also had a duty to pursue training. She needed to increase her annual income through full-time employment. For as long as Husband was complying with the MSA.
Unless Wife made more than $50,000 annually from employment, her income was not to be considered. Husband could not argue that his maintenance should stop because she made too much money.
The MSA further required that Husband was to maintain life insurance and disability insurance policies naming Wife as the beneficiary.
Before seven years expired, Wife filed a petition to extend and increase maintenance. She also said that Husband was not carrying the proper insurance policies. She raised a child support issue. She filed a petition for attorney fees and costs.
Husband filed a Petition to Decrease Maintenance. He said that he was making less money. He said that Wife had not attempted to become self-supporting. The Court continued Wife’s maintenance payments. Husband appealed. There were numerous other petitions still pending in the court.
Generally, parties may only appeal from final orders disposing of every claim in a case. Under Illinois Supreme Court Rule Rule 304(a), if there are more claims still pending in court, you can’t file an appeal. The Appellate Court won’t have jurisdiction. It can’t make decisions in your case.
There is one exception to this Rule. If the trial court has made an express written finding that there should be an immediate appeal. That is something that has to be decided in the Trial Court. And, the reasons have to be specific and acceptable. Husband’s appeal was dismissed. He had to wait until all of the issues had been resolved. Or, have a written order from the Trial Court allowing the appeal.
In re Marriage of Teymour, 2017 IL App (1st) 161091, September 6, 2017.
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