In re Marriage of Nadolski, 2025 IL App (3d) 240346-U
Agreed Order Cannot Negate MSA True-Up Provisions
Court held agreed order setting maintenance amount did not supersede MSA's true-up provision requiring immediate recalculation when income increases. Applied contractual construction principles. Contempt finding upheld for willful noncompliance with notification obligations, creating enforcement precedent for MSA true-up clauses.
Facts
James and Teresa Nadolski divorced with an MSA requiring immediate maintenance recalculation when either party's income increased. A later agreed order set maintenance based on updated incomes, but James failed to comply with ongoing true-up obligations when his income rose further. The trial court found him in contempt and ordered $30,000 purge payment.
Issue
Whether a later agreed court order setting maintenance amounts superseded the MSA's express true-up provision requiring immediate notification and recalculation when income increases.
Holding
The agreed order did not negate the MSA's true-up requirements because it only addressed then-current base rates without expressly repealing the recalculation provision. The trial court properly found James in contempt for willfully failing to provide timely notice of income increases and pay adjusted maintenance.
Key Reasoning
- Contractual construction principles applied to treat MSA as continuing to govern true-up mechanics
- Evidence showed pattern of willful noncompliance through failure to provide timely notice and resistance to recalculations
- Agreed order was narrowly interpreted as addressing only contemporaneous maintenance amount, not repealing ongoing obligations
- Indirect civil contempt standard satisfied by demonstration of willful violation of court-ordered MSA terms
Practical Impact
For Petitioners
Document all income increases and provide timely notice per MSA terms to avoid contempt exposure and significant arrearage liability
For Respondents
Preserve evidence of non-compliance including email exchanges and tax returns to support contempt actions and arrearage calculations
When This Applies
Applies when MSA contains specific true-up language that isn't expressly modified by subsequent orders; distinguishable when agreed orders contain clear integration clauses
Statutes Cited
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