In re Marriage of Barlie

              No. 2--07--1081 Filed: 10-8-08
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IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
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In re MARRIAGE OF ) Appeal from the Circuit Court
PAUL A. BARILE, ) of Du Page County.
)
Petitioner-Appellee, ))
and ) No. 03--D--565
)
CARLA BARILE, ) Honorable
) James J. Konetski,
Respondent-Appellant. ) Judge, Presiding.
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PRESIDING JUSTICE ZENOFF delivered the opinion of the court:
The marriage of petitioner, Paul A. Barile, and respondent, Carla Barile, was dissolved on
November 16, 2004. In the dissolution judgment, the court ordered petitioner to pay respondent
maintenance of $5,318 a month. The court then indicated that the amount of maintenance was
nonmodifiable. On September 1, 2006, petitioner petitioned to terminate, modify, or abate
maintenance. 750 ILCS 5/510(a) (West 2006). Respondent moved to dismiss petitioner's petition
(see 735 ILCS 5/2--619(a)(9) (West 2006)) and petitioned to hold petitioner in contempt for failing
to pay maintenance as of September 2006. The trial court granted the motion to dismiss. Following
a hearing on respondent's petition, the court, which was not the same court that presided over the
dissolution proceedings, declined to hold petitioner in contempt. However, the court ordered
petitioner to pay respondent $69,134 in past-due maintenance and imposed interest of 9% on the
arrearage, which interest was to run from the date the court entered judgment on the arrearage.