Quick Summary:
<p>In <strong>In re Marriage of Roger D. Colbert Jr. and Stacey L. Colbert</strong>, the Illinois Appellate Court reversed and remanded a trial-court decision on maintenance and attorney fees followin...
Full Case Summary
In In re Marriage of Roger D. Colbert Jr. and Stacey L. Colbert, the Illinois Appellate Court reversed and remanded a trial-court decision on maintenance and attorney fees following their divorce.
Background: Roger was to pay Stacey $2,045/month. In April 2022, he petitioned to terminate, alleging Stacey cohabited with boyfriend Jody Short continuously and conjugal. Under Illinois law, that would end his obligation.
Trial Court’s Ruling: It deemed evidence insufficient and denied his petition, also ordering him to pay $3,000 for Stacey’s attorney fees. The ruling didn’t detail required statutory factors for awarding fees.
Appellate Findings:
- Cohabitation: Surveillances and address records strongly indicated Stacey lived with Short, satisfying “resident, continuous, conjugal basis.” Maintenance should end retroactively to the start date of cohabitation.
- Attorney Fees: The trial court erred by not addressing statutory criteria (e.g., each party’s ability to pay). The order lacked detailed reasoning.
Conclusion: The appellate court reversed the trial court, instructing it to end Roger’s maintenance obligations from cohabitation’s onset, reimburse him for overpaid amounts, and reexamine Stacey’s fee petition under proper standards.