In re Marriage of Free, 2023 IL App (1st) 211466-U

1. Case citation and parties
- In re Marriage of Free, 2023 IL App (1st) 211466‑U (Ill. App. Ct., 1st Dist., Jan. 26, 2023) (Rule 23 order; non‑precedential except as allowed by Rule 23(e)(1)).
- Petitioner‑Appellee: Brian D. Free. Respondent‑Appellant: Nancy Free.

2. Key legal issues
- Whether post‑dissolution maintenance and child‑support should have been retroactively reduced and ultimately terminated.
- Whether respondent must reimburse petitioner for asserted overpayments of maintenance/support.
- Whether respondent improperly withdrew and must repay $19,000 from their daughter’s 529 account.
- Whether the trial court abused its discretion in denying respondent’s petition for contribution to attorney fees.

3. Holding/outcome
- Affirmed in part, reversed in part, and modified.
- The appellate court affirmed (with modification) the portion of the trial court’s order retroactively reducing maintenance/child support but adjusted the amount.
- Reversed the termination of respondent’s maintenance effective January 16, 2023; maintenance was made indefinite.
- Affirmed the order requiring respondent to reimburse petitioner for certain overpayments, but reduced the amount and allowed repayment to be spread over three tax years.
- Reversed the order requiring respondent to repay $19,000 to the daughter’s 529 account.
- Reversed the trial court’s denial of respondent’s petition for contribution to attorney fees (remand for further proceedings on fees).

4. Significant legal reasoning
- The court analyzed respondent’s education, work history, vocational retraining, current guaranteed salary/commission compensation structure, and significant asset base against petitioner’s much larger income and asset profile.
- Termination: the appellate court found the trial court abused its discretion in terminating maintenance, given evidence that respondent could not reliably achieve financial independence within the trial court’s timeline and that the original reviewable award aimed to promote re‑entry into the workforce rather than effectuate immediate self‑support.
- Retroactivity/repayment: appellate review adjusted calculations of overpayments and recognized equitable and tax considerations — permitting repayment over multiple tax years.
- 529 issue: the dissolution order’s language and the custodial/accounting facts did not support ordering the $19,000 reimbursement to the 529; withdrawals for college expenses and prior reimbursements were permissible as ordered.
- Attorney fees: given the disparity in incomes, earning capacity, and respondent’s remaining legal bill, the court concluded the denial of contribution was an abuse of discretion and remanded for determination.

5. Practice implications
- Draft dissolution orders with clear, precise language about use and custodial control of 529/UTMA funds and permissible reimbursements to avoid later disputes.
- When setting reviewable maintenance, trial courts should make explicit findings about vocational potential, realistic timelines for self‑support, and metrics for modification/termination.
- Preserve a thorough record on job‑search efforts, vocational evaluations, commission structures, and assets to support/defend maintenance modifications.
- Expect appellate courts to consider equitable, tax, and timing issues when ordering repayments — structuring repayment over tax years is permissible.
- Disparity in resources remains a strong basis for interim or contribution award of attorney fees; courts should make specific findings when denying fees.