Legal Opinion · Dissent

In re Marriage of Johnson

Appellate Court of Illinois

Decided June 10, 1993No. 4-92-0749Published

1DissentJustice Cook

I respectfully dissent. I agree with the proposition that in maintenance cases, as in child-support cases, “The Act is geared towards a present ability to pay support and does not suggest in its terms that possible future financial resources of a party may also be taken into account.” (Coons v. Wilder (1981), 93 Ill. App. 3d 127, 134, 416 N.E.2d 785, 792 (child support); see also In re Marriage of Moore (1983), 117 Ill. App. 3d 206, 209, 453 N.E.2d 102, 105 (child support).) Maintenance should generally be based on the financial situation which exists on the date of trial; anticipated…

2Cases cited5 opinions

  1. In Re Marriage of LogstonIllinois Supreme Court · 1984
  2. Coons v. WilderAppellate Court of Illinois · 1981
  3. In Re Marriage of ReynaAppellate Court of Illinois · 1979
  4. In Re Marriage of ButlerAppellate Court of Illinois · 1982
  5. In Re Marriage of MooreAppellate Court of Illinois · 1983

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