Illinois Supreme Court Clarifies Rules on Divorce Maintenance Modifications, Legal Fee Payment

 Posted on May 02,2017 in Modification of a Divorce Decree

The Illinois Supreme Court recently ruled on a post-divorce modification case that started 10 years ago. The case, In Re Marriage of Donna Tuke Heroy and David F. Heroy, dealt with two issues:

• How much the former husband could reduce his monthly maintenance payments; and
• Whether the former husband should pay part of the former wife’s legal fees for the case.

Illinois circuit and appellate courts gave conflicting rulings on the case. The supreme court affirmed the circuit court’s calculation for reducing the spousal support payment and approval of the former wife’s request that the former husband contribute to paying her legal fees.

Background

When the former spouses divorced in 2006, the court determined the husband should pay the wife $35,000 per month in maintenance payments. The court based the amount on the couple’s previous high standard of living and the wife’s limited ability to increase her income.

Less than a year after the divorce, the former husband petitioned to reduce his maintenance payments because of his decreased income and the former wife’s insufficient effort to become self-supporting. Once the case started, the former wife requested that the former husband pay part of her legal fees due to the financial hardship they would cause her. The circuit court determined:

• The maintenance payments should be reduced to $27,500 based on the former husband’s reduced income but not the former wife’s job search efforts; and
• The former husband should pay $125,000 towards the former wife’s legal fees for the case.

After the former husband appealed, an appellate court overturned parts of the circuit court decision, saying that:

• The circuit court miscalculated the monthly maintenance payments, which should be $25,745; and
• The former wife should not receive compensation for her legal fees.

Maintenance Adjustment

The supreme court ruled that the circuit court did not make an error in calculating the monthly maintenance payments. The appellate court made its decision based on a statement in the circuit court ruling that about 25 percent of the former husband’s cash flow should be awarded in the maintenance payments. Because the actual amount being awarded was 28.5 percent, the appellate court further reduced the modified maintenance payment to match 25 percent. The supreme court said 25 percent was an estimate, not meant as an exact amount.

Legal Fees

The supreme court ruling said that lower courts have disagreed on the standard for determining whether one party should contribute to paying another party’s legal fees in divorce cases. The appellate court rejected the former wife’s request because she was capable of paying all of her legal fees. The supreme court sided with the circuit court’s reasoning that paying all of her fees would be a financial hardship and affect her ability to support herself.

Post-Divorce Modifications 

If you need to change spousal support payments from your divorce agreement, a Kane County divorce attorney can lead you through the legal process. Schedule an free consultation with Goostree Law Group by calling 630-584-4800.

Source:

http://www.illinoiscourts.gov/Opinions/SupremeCourt/2017/120205.pdf