In re Marriage of Bibber, 2024 IL App (2d) 220221-U

Full Case Summary

In the case In re Marriage of John Walter Bibber, John Walter Bibber (the petitioner) appealed decisions made by the Circuit Court of Kane County regarding his request to terminate or modify his maintenance obligations to Katherine Harbeck Bibber (the respondent).

Background:

1. The couple's marriage was dissolved in 2015, with John required to pay Katherine monthly maintenance of $3,700, terminating upon death, her remarriage, or cohabitation on a conjugal basis.
2. In December 2020, John filed a petition to terminate or modify maintenance, citing changes in his financial circumstances due to job loss related to the COVID-19 pandemic and a subsequent decrease in income.
3. An evidentiary hearing took place in June 2021, after which the court denied John's petition for modification in an order dated August 10, 2021.

Key Proceedings:

• John filed a motion to reconsider the denial, arguing that the trial court did not correctly apply statutory factors related to maintenance.
• Katherine filed a motion to strike John's reconsideration motion, and the trial court granted Katherine's motion, effectively denying John's reconsideration request.

Court's Findings:

1. The appellate court struck a supplemental bystander's report submitted by John because it was not stipulated to by both parties.
2. The court concluded that, since the original bystander's report lacked details about the trial court's findings, it must presume the court's findings supported its decision.
3. The court found no abuse of discretion in the trial court's decision-making regarding the denial of John's request to modify maintenance, noting John had the burden to supply a complete record to support his claim of error.

Conclusion:

The appellate court affirmed the lower court's decisions, denying both the petition to terminate or modify maintenance and the motion to reconsider. John's claims concerning changes in circumstances and issues related to his credibility were insufficient to overturn the trial court's ruling. The ruling emphasizes that a party's failure to provide a complete and accurate record can undermine their appeal.