In re Marriage of Heroy

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Tuke and Heroy married in 1980 and divorced in 2006. Heroy was ordered to pay $35,000 per month in permanent maintenance, based on a finding that the couple had enjoyed a lavish standard of living while married. The court found that Tuke could reasonably be expected to earn $40,000-$50,000 per year, based on her prior experience as a law librarian and publisher of a law bulletin. Months later, Heroy sought to terminate or modify the award. Tuke sought contribution to her attorney fees. In 2012, the court concluded that Heroy had proven that his income had decreased, justifying reduction of the maintenance award to $27,500 per month. The court concluded that Tuke had some ability to pay her attorney fees but that if she were required to pay all of the fees, her financial stability would be undermined, while Heroy was able to pay Tuke’s fees. The court instructed Heroy to pay $125,000. Heroy appealed; the court ordered Heroy to pay $35,000 in prospective attorney fees. The appellate court concluded the maintenance award should be $25,745 per month but reversed the attorney fee awards. The Illinois Supreme Court reinstated the trial court holding. That court properly considered the factors in the Marriage and Dissolution of Marriage Act; the record supports that Tuke’s financial stability would be undermined if she were required to pay all of her attorney fees. The court carefully considered the factors set forth in section 510(a-5) of the Act, including Tuke’s efforts at supporting herself. View "In re Marriage of Heroy" on Justia Law