Divorce Lawyers New York - Recent Family Law Decisons (27)
RECENT FAMILY LAW DECISIONS (27)
Financial Independence
Where former wife had completed the necessary training and received certification as a respiratory therapist and had begun making inquiries into available employment opportunities when she was involved in an automobile accident, injuring her back the trial court was not required to compel her to actively seek employment when she would be unable to fulfill the job requirements.
A spouse who receives maintenance is under an affirmative obligation to seek appropriate training and skills in order to reach the goal of becoming financially independent; a failure to make good faith efforts toward this goal, following a reasonable time frame during which this objective should have been accomplished, may be grounds for modification of maintenance.
Where one spouse was found to be in good health at the time the judgment of dissolution was entered, and the record five years later did not reflect a substantial or extraordinary change in that spouse’s circumstances, but revealed that the other spouse had suffered a heart attack and remained hospitalized in a coma for a period of time, and nothing indicated that the spouse seeking maintenance was completely handicapped or suffered from any terminal illness or other physical impairment absent a showing of extraordinary circumstances, that spouse still had a continuing duty to become financially independent.
Where the record showed that wife had the ability to support herself and that her financial transactions had increased her difficulties in meeting her expenses, there was no abuse of discretion in the trial court’s decision not to increase maintenance.
The failure of the spouse that was awarded maintenance to make good-faith efforts to achieve goal of financial independence following a reasonable time frame during which the objective should be accomplished, might form the basis for a petition for modification.
Grant Held Erroneous
Grant of permanent alimony to wife in addition to husband’s interest in the marital residence was held erroneous.
In gross
Subsection (c) of this section does not authorize the court to award maintenance in gross after the death of the payor spouse.
Maintenance in gross is a nonmodifiable sum certain to be received by the former spouse regardless of any change of circumstances; where indefinite period was fixed and monthly payments were not a sum certain, such an award could not be considered maintenance in gross.
Where the marital separation agreement executed by petitioner and respondent prescribed that the respondent pays a lump sum over a definite number of installments, the intent of the parties, as determined from the written marital separation agreement, was to create an award of maintenance in gross in a lump sum payable over a definite number of installments.
Maintenance in gross awarded the petitioner under 750 ILCS 5/504(b) was not subject to termination upon remarriage pursuant to subsection (b).
Job Search
Extension of maintenance constituted an abuse of discretion in light of the court’s finding that respondent’s job searching efforts were insufficient.
