In re Marriage of Chapa, 2024 IL App (3d) 230047-U.pdf

Full Case Summary

In the legal case In re Marriage of Chapa, the Illinois Appellate Court reviewed the circuit court’s actions regarding Nancy Lea Chapa's petition to extend maintenance from ex-husband Daniel Chapa after their 2012 divorce.

Background:

• They were married 19 years, had two children now emancipated. Upon dissolution, Daniel was to pay Nancy maintenance for 48 months after selling their marital home.
• Nancy filed in 2019 to extend maintenance, citing inability to be self-supporting.
• The circuit court denied the request in December 2021, focusing on Nancy’s alleged lack of effort and disrespect toward the court.

Appeals and Rulings:

1. Initial Appeal: The Second District Appellate Court reversed, saying the circuit court didn’t properly weigh statutory factors for extending maintenance.
2. Remand: The court was told to do a de novo review on Nancy’s best efforts to become independent.
3. Second Ruling: On January 23, 2023, the circuit court again denied Nancy’s petition, citing continued lack of self-sufficiency efforts. It awarded only $2,000 in attorney fees from Daniel.

Appellate Court Findings:

• The court upheld denying maintenance extension, concluding Nancy hadn’t shown progress toward independence.
• It modified the attorney fees award, raising them to $15,422.64, given Daniel’s greater financial ability.

Conclusion:

The appellate court affirmed the lower court’s no-extension ruling while adjusting fees. Nancy’s other conduct and bankruptcy background did not alter the maintenance outcome.