The Trial Court initially awarded the wife $6,000 per month for maintenance. And $6,000 per month for child support for a single minor child. Husband earned $550,000 annually.
The Trial Court then reconsidered the awards. It then ordered $15,000 maintenance and no child support.
Should the maintenance terminate while the child remains unemancipated, then child support will be set at the then-existing guidelines or any deviation a court deems appropriate.
The Appellate Court reversed the case and sent it back to the Trial Court. It held that the award went against the husband’s statutory right to modify child support by calling it maintenance. Child support is always modifiable if a party can prove that a substantial change of circumstances has taken place.
Husband would have no right to modify this maintenance award. He would have had the right to modify a child support award.
IRMO Romano, 2012 Ill.App.2d 091339