In re Marriage of Rife

              No. 2--06--1048 Filed: 10-24-07
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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
MAUREEN E. RIFE, ) of McHenry County.
)
Petitioner-Appellee, )
)
and ) No. 03--DV--669
)
KEVIN L. RIFE, ) Honorable
) Michael W. Feetterer,
Respondent-Appellant. ) Judge, Presiding.
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PRESIDING JUSTICE GROMETER delivered the opinion of the court:
Respondent Kevin L. Rife appeals an order denying his petition under section 2--701 of the
Code of Civil Procedure, commonly referred to as the Declaratory Judgment Act (Act) (735 ILCS
5/2--701 (West 2004)). On appeal, respondent argues that the trial court erred in holding that
petitioner Maureen E. Rife's response to his postdissolution petition to reduce child support was not
itself a "petition" as defined by a provision (modification clause) in the marital settlement agreement
(MSA) incorporated into the dissolution judgment. Petitioner argues that the trial court correctly
held that her response was not a "petition" so as to trigger the modification clause and require that
funds in an individual retirement account (IRA) in her name be transferred to an IRA in respondent's
name. Petitioner also argues that the modification clause is unenforceable because it violates public
policy. We agree with petitioner's second argument, and we affirm.