Wife was granted maintenance in the divorce decree. She was to get $6200 per month for 60 months. At that time, the maintenance was to be reviewable.
That means that wife can request more, depending on her needs. She had to file a petition at that time. It was to be filed before the end of maintenance.
Wife did file her petition for review. But, she filed it after the 60 month date. The trial court dismissed her petition. She filed late. The court said that maintenance had ended.
Wife appealed. The appellate court said that the divorce decree language was not clear. Was the maintenance actually reviewable at 60 months? Or, was it over after 60 months? It just was not crystal clear. Husband’s attorney had written the divorce decree. Wife had agreed to it. But, what had wife actually agreed to?
That answer was not clear. So, wife’s petition for review was allowed to go on in court. It was a totally different matter as to whether it was granted or not.
In re Marriage of Kuyk, 2015 IL App (2d) ¶4 140733
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