Modification Allowed
Denial of the husband’s motion to reduce the child support order was reversed because the trial court committed impermissible “double counting” of the husband’s workers’ compensation settlement proceeds when it awarded half of the settlement to wife and children but did not adjust the husband’s child support obligation.
Where an order awarded a former wife rehabilitative maintenance and provided for review of the award some months later with no further pleadings to be filed by the parties, the review did not constitute a modification of the maintenance award; hence §510 of the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/510, did not apply.
Trial court did not abuse its discretion by finding a substantial change in circumstances by a substantial reduction in wife’s income and ordering a $250 per month increase in maintenance even though, in the original judgment, the court did provide for the diminution of payments when the husband’s salary as a reserve officer terminated; the court made no effort to prophesy or even speculate about the consequence of such reduction and certainly made no finding that the cessation of such payment would be reasonable for both parties.
A trial court did not abuse its discretion in increasing maintenance and child support where evidence showed that the fact that the parties’ daughter had asthma could have necessitated the wife’s decision to become self-employed, the wife had health problems, and the husband filed a written judicial admission of his ability to pay.
