Public-domain · open source
OpenJurist

28 Ill. App. 3d 680

329 N.E.2d 408

Baker v. Baker

Appellate Court of Illinois

Decided March 26, 1975

Appellate Court of Illinois · decided 1975-03-26

Relies on Smith v. Smith · 6 Ill. App. 3d 386 - Volid v. Volid · 3 Ill. App. 3d 671 - Tan v. Tan

Good law ✅— No negative treatment on recordhow we know

Decided 1975-03-26

How this case has been cited

Cited by 11 later decisions — most recently July 2019

11 state decisions

6019751980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Mr. JUSTICE JOHNSON,

¶1dissenting:

¶2I respectfully dissent from the opinion of the majority because, in my judgment, there was sufficient change in circumstances to warrant the termination of alimony.

¶3The parties herein were divorced in 1948 after a marriage of 12 years. One child was born of the marriage. Defendant fully supported the child until his emancipation and paid the total amount of college expenses. Defendant paid $42 per week as alimony and child support until 1964, when he was ordered to pay $37.50 per week as alimony. He now seeks termination of alimony, based upon the following facts.'

¶4According to the defendant, he has been employed at WoolwOrth Company for 42 years. At the time this petition was filed, defendant’s net income was $1025 per month. However, he was 63 years old and planned to retire as of December 31, 1973. Upon retirement, his gross income will be reduced to $8000 per year. He is remarried and supports his current wife.

¶5Plaintiff testified that she was steadily employed at Woolworth Company from 1952 until 1973. Her gross salary in 1972 was $5824. She is not currently working but plans to resume working if able. In the event she retires from Woolworth’s, her estimated annual income will be approximately $3900 per year.

¶6The allowance of alimony may be modified or terminated upon a showing of a material change in the circumstances of the parties. (Smith v. Smith (1929), 334 Ill. 370, 382, 166 N.E. 85, 89; Tan v. Tan (1972), 3 Ill.App.3d 671, 675, 279 N.E .2d 486, 489.) In the instant case, the defendant’s ability to pay alimony will substantially change by virtue of his retirement. His salary will be reduced from $1025 per month to $8000 per year. He has paid alimony for 25 years continuously.

¶7Moreover, plaintiff has an independent source of income. If she returns to work, her salary, based upon 1972 earnings, will be approximately $5800. If she decides to retire, her estimated annual income will be $3900. In this regard, we note that the court stated in Volid v. Volid (1972), 6 Ill.App.3d 386, 391, 286 N.E.2d 42, 46-47:

“When the rules regarding the husband’s duty of support were first enunciated, the roles of a husband and wife were more rigid and defined. The husband worked and brought income into the family while the wife maintained and managed the household. The woman generally did not seek outside employment partly, because ‘her place was in the home’, and partly because few opportunities for meaningful employment were available. Married women nowadays are increasingly developing career skills and successfully entering the employment market. Where a woman is trained, healthy, and employable, and where a woman’s efforts have not contributed to her husband’s wealth or earning potential, the necessity for an alimony award upon breakup of the marriage is not great.”

¶8In view of plaintiff’s self-sufficient income, I believe that the foregoing reasoning is applicable to the facts of the instant case.

¶9For the reasons stated, I would affirm the judgment of the trial court and hold that there was a sufficient change in the circumstances of the parties to justify the termination °f alimony,

/28/illapp3d/680 · .json · Public domain