Modification Not allowed
Trial court’s denial of a reduction or termination of former husband’s maintenance was not an abuse of discretion, notwithstanding husband’s retirement and increased medical costs because of his present wife’s ill health; evidence established that the former husband had substantial assets from which to pay his present wife’s medical bills and the maintenance award.
The evidence was clear that the parties intended monthly payments to be something more than simple maintenance: where respondent conveyed away substantive marital property interests, in return for conveying her interest in farmland and farm equipment, she received only interest income from the trust and the monthly payments, and the payments were non-modifiable monthly payments until her death, rather than maintenance terminable by the provisions of this section.
Petitioner was earning $4 per hour, a sum only slightly above the minimum wage, while respondent had a career position with the State of Illinois, petitioner had no medical insurance and was afflicted with serious medical problems and housing difficulties; therefore, there was not basis to disturb the trial court’s order awarding periodic permanent maintenance to petitioner.
The court did not abuse its discretion in failing to reduce the amount of maintenance ordered, there was conflicting evidence regarding petitioners’ ability to pay the amount awarded, and the court chose to believe there was no substantial change in circumstances, because the petitioner had lied at trial about certain assets, and the court clearly could question petitioners’ credibility, therefore, petitioner’s request for a modification of support was denied.
Where, due to illness, respondent’s need for maintenance had increased substantially since the entry of the divorce decree, and where petitioner’s inability to pay maintenance was largely the result of indebtedness incurred by him, denial of modification of award was proper.
