Modification of Maintenance Factors & Cases
It was unnecessary for the court to make any findings as to matters on the economic circumstances of the parties since the date the judgment of dissolution was entered where the record reflected that following the remand order no extraordinary circumstances had arisen. In re Jones
Failure to Reserve Right to Modification
A court can modify a maintenance order when the order sought to be modified does not expressly reserve the right of the court to review that order at some future time. In re Carpel
The Illinois General Assembly, in moving the “due notice” phrase from one location to another, changed the law as it had been previously interpreted by this state’s judiciary, the filing date of the modification petition is no longer the earliest point to which a retroactive modification of maintenance or support payments may be ordered; rather, consistent with the Federal mandate, the earliest point to which retroactive modification of maintenance or support payments may be ordered is the date on which the non-moving party receives “due notice” from the moving party of the filing of the modification petition. In re Hawking
Foreign Court’s Modification
One state must recognize a sister state’s judgment to the degree that it is non-modifiable, and the second forum must apply the first forum’s law to determine the extent of modification; thus, to determine the degree to which an Illinois decree is modifiable, the foreign court should refer to this section. Sullivan v. Sullivan
Guardian and Litem
___Abuse of Discretion
An appointment of a guardian ad litem for a child who was not a party to modification of child support action and without an evidentiary showing of the need for a guardian was an abuse of the trial court’s discretionary power. Robin v. Robin
Indefinite Maintenance
Court did not abuse its discretion in awarding indefinite maintenance where trial court concluded that it was unlikely wife would be to increase her income to a level approaching her husband’s. In re Minear





