"A maintenance award is within the sound discretion of the trial court and will not be disturbed on appeal unless the trial court abused its discretion." In re Marriage of Schiltz, 358 Ill. App. 3d 1079, 1084 (2005). "An abuse of discretion occurs where no reasonable [person] would take the view adopted by the trial court."
"A maintenance award is within the sound discretion of the trial court and will not be disturbed on appeal unless the trial court abused its discretion." In re Marriage of Schiltz, 358 Ill. App. 3d 1079, 1084, 833 N.E.2d 412, 415 (2005). "An abuse of discretion occurs where no reasonable [person] would take the view adopted by the trial court."
An award of maintenance is within the sound discretion of the trial court, and an appellate court will not disturb a trial court's distribution of property or award of maintenance unless the trial court abused its discretion or the award was against the manifest weight of the evidence. In re Marriage of Schiltz, 358 Ill. App. 3d 1079, 1084 (2005). An abuse of discretion occurs when no reasonable person would agree with the position adopted by the trial court.
ΒΆ 22 The trial court has wide latitude to consider the needs of the parties when awarding maintenance. In re Marriage of Schiltz, 358 Ill.App.3d 1079, 1084 (2005).
ΒΆ 45 The trial court has wide latitude to consider the needs of the parties when awarding maintenance. In re Marriage of Schiltz, 358 Ill.App.3d 1079, 1084 (2005).
ΒΆ 19 A maintenance award will not be disturbed on appeal absent an abuse of discretion. In re Marriage of Schiltz, 358 Ill.App.3d 1079, 1084 (2005). Here, there is no dispute that the trial court's award of maintenance ($5640) and child support ($2935.90) were correctly calculated pursuant to the statute.
The purpose of rehabilitative maintenance is to provide an incentive for the recipient to use diligence in procuring training or skills necessary to attain self-sufficiency. In re Marriage of Schlitz, 358 Ill. App. 3d 1079, 1085 (2005). This policy, however, must be balanced against a realistic appraisal of the likelihood that the spouse receiving rehabilitative maintenance will be able to support herself in some reasonable approximation of the standard of living that the parties established during the marriage, especially where the marriage is of long duration and the spouse has had a long absence from the labor market.
The trial court has wide latitude to consider the needs of the parties when awarding maintenance. In re Marriage of Schiltz, 358 Ill. App. 3d 1079, 1084 (2005). ΒΆ 42 After receiving trial testimony and exhibits, the court found Michael earned a consistent annual salary of approximately $130,000.
"In awarding maintenance, the trial court has wide latitude to consider the needs of the parties and is not limited to the factors enumerated in section 504." In re Marriage of Schiltz, 358 Ill. App. 3d 1079, 1084 (2005). No one statutory factor is dispositive in a maintenance determination.
The factors include: (1) the income of each party, (2) the needs of each party, (3) the present and future earning capacity of each party, (4) any impairment of the present and future earning capacity of the party seeking maintenance, (5) the time necessary to enable the party seeking maintenance to acquire education, training, and employment, (6) the standard of living established during the marriage, (7) the duration of the marriage, (8) the age and physical and emotional condition of the parties, (9) tax consequences of the property division, (10) contributions by the party seeking maintenance to the education, training, career or career potential of the other spouse, (11) any valid agreement of the parties, and (12) any other factor the court finds to be just and equitable. 750 ILCS 5/504(a) (West 2012). The trial court has wide latitude to consider the needs of the parties when awarding maintenance (In re Marriage of Schiltz, 358 Ill. App. 3d 1079, 1084 (2005)), and no one statutory factor is dispositive. In re Marriage of Harlow, 251 Ill. App. 3d 152, 157 (1993).