2011 IL App (1st) 101567
Ill. App. Ct.2011Background
- Richard and Kathleen Doermer married in 1989; Caitlin born 1991.
- 1999 dissolution judgment incorporated a marital settlement agreement (MSA) with unallocated maintenance and child support of $5,785/month and a nonmodification clause in Article III, paragraph 2.
- April 2005 agreed order amended the amount and duration (February 2006–July 16, 2009) but kept the nonmodification clause intact and stated all other MSA provisions remained in force.
- Kathleen filed a petition for extension of maintenance on June 22, 2009, arguing substantial change in circumstances after Caitlin’s emancipation; Caitlin turned 18 on July 16, 2009.
- Richard moved to dismiss Kathleen’s petition; circuit court denied the motion, and later, on reconsideration, relied on Blum to grant dismissal.
- Kathleen appeals, arguing the nonmodification clause is unenforceable and unallocated maintenance is modifiable under statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the nonmodification clause bars modification after emancipation | Kathleen argues unallocated maintenance is modifiable regardless of clause | Richard contends the clause is enforceable under Blum | Yes; nonmodification clause enforceable; modification denied. |
| Whether Blum governs over Semonchik for unallocated maintenance | Kathleen relies on Semonchik to permit modification | Richard relies on Blum to limit modification | Blum controls; unallocated maintenance under MSA cannot be extended post-emancipation. |
| Whether the 2005 agreed order preserved the end date and thus precludes extension | Kathleen seeks extension beyond 2009 | Richard argues the agreement ended maintenance upon Caitlin’s emancipation | Agreed order clarified termination date; post-emancipation extension not permitted. |
Key Cases Cited
- Blum v. Koster, 235 Ill.2d 21 (Ill. 2009) (maintenance reviewable when parties’ settlement so provide; unallocated support governed by statute when timeframe ends; effect of emancipation.)
- In re Semonchik, 315 Ill.App.3d 395 (Ill. App. 2000) (unallocated maintenance modifiable under statute notwithstanding nonmodification clause.)
- In re Sassano, 337 Ill.App.3d 186 (Ill. App. 2003) (unallocated support modifiable where lumped maintenance and child support.)
- In re Wittland, 361 Ill.App.3d 785 (Ill. App. 2005) (de novo review of marital settlement agreement interpretation.)