In re Marriage of Almodovar

2023 IL App (2d) 220154-U
CourtAppellate Court of Illinois
DecidedNovember 13, 2023
Docket2-22-0154
StatusUnpublished

This text of 2023 IL App (2d) 220154-U (In re Marriage of Almodovar) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Marriage of Almodovar, 2023 IL App (2d) 220154-U (Ill. Ct. App. 2023).

Opinion

2023 IL App (2d) 220154-U No. 2-22-0154 Order filed November 13, 2023

NOTICE: This order was filed under Supreme Court Rule 23(b) and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT ______________________________________________________________________________

In re MARRIAGE OF GENUEL ) Appeal from the Circuit Court ALMODOVAR, JR., ) of Lake County. ) Petitioner-Appellee, ) ) v. ) No. 19-D-975 ) JANET ALMODOVAR, ) Honorable ) Charles W. Smith, Respondent-Appellant. ) Judge, Presiding. ______________________________________________________________________________

PRESIDING JUSTICE McLAREN delivered the judgment of the court. Justices Schostok and Kennedy concurred in the judgment.

ORDER

¶1 Held: The trial court did not abuse its discretion in dividing the marital estate equally; the trial court’s reservation of maintenance was not an abuse of discretion; where the trial court erroneously stated that the wife had not filed a petition for contribution for attorney fees, it abused its discretion by denying the wife’s petition. Trial court is affirmed, in part and vacated, in part, and the cause is remanded.

¶2 On March 5, 2021, after a bench trial, the trial court entered judgment dissolving the

marriage between petitioner, Genuel Almodovar, Jr. (Mark), and respondent, Janet Almodovar.

Janet appeals, arguing that the trial court erred when it (1) failed to allocate her a greater share of

the marital estate, (2) failed to award her indefinite maintenance, and (3) denied her petition for 2023 IL App (2d) 220154-U

contribution for attorney fees. For the following reasons, we affirm, in part, vacate in part, and

remand for further proceedings.

¶3 I. BACKGROUND

¶4 Mark and Janet married in 1981. Two children, each of whom are now emancipated, were

born to the couple. In June 2019, Mark petitioned to dissolve the marriage. The matter proceeded

to a three-day trial on September 29, 30, and October 16, 2020. Prior to the trial, the parties filed

numerous motions mostly related to which party was going to have control of the marital asset,

M&J Machinery (M&J). The parties founded M&J in 2005 and each owned 50% of the business.

M&J is a manufacturer of precision machine components and parts that has employed as many as

18 people, including the parties’ son, Eric. Many of the employees are highly skilled machinists.

¶5 A. Pre-Trial Proceedings

¶6 On June 17, 2019, the day before Mark filed his petition for dissolution of marriage, he

filed a verified petition for an order of protection against Janet, wherein he averred that Janet

“attacked [him], hit [him] repeatedly, scratched [him], which caused bruises and scratches to [his]

face and [his] body [and that Janet] has many guns which she keeps in the house.” Mark also stated

that he called the police, and that Janet was arrested for domestic battery.

¶7 On July 8, 2019, the trial court entered an agreed order that provided, inter alia, that Mark

shall have exclusive possession of the marital residence in Antioch.

¶8 On October 4, 2019, Janet filed an “Emergency Verified Petition for Temporary Injunctive

Relief and the appointment of a Receiver” (petition for injunctive relief). Janet alleged that for the

last two years, Mark had only occasionally shown up to work and that when he did, he antagonized

skilled and vital employees. Six valuable employees quit due to Mark’s behavior, which caused

M&J to lose business and revenue. Mark was also antagonistic towards Janet who was M&J’s

-2- 2023 IL App (2d) 220154-U

corporate secretary, and Eric, who ran the company in Mark’s absence. Mark also had surveillance

cameras installed on M&J’s premises to remotely monitor everyone at the company. Janet’s

petition filed an order seeking to restrain Mark from acting as an officer and/or director of M&J,

managing or interfering in the management of M&J, retaining any M&J property, and being on

M&J property. Janet also sought an order to appoint Eric as the receiver of M&J.

¶9 On October 15, 2019, the trial court entered an agreed order that “[t]he status quo ante with

the respect to the operation of [M&J] shall be maintained until further court order.”

¶ 10 On October 28, 2019, Janet filed an emergency petition for adjudication of indirect civil

contempt, that recounted the allegations of her petition for injunctive relief and alleged that Mark

violated the court’s October 15 order when he transferred $100,000 from M&J’s checking account

into his personal account.

¶ 11 On October 29, 2019, the trial court entered an order that allowed Janet to run M&J and

restricted Mark from accessing the building with the exception of once per day and in case of an

emergency.

¶ 12 On January 31, 2020, Janet filed a “Supplement to [her]: Emergency Verified Petition for

Adjudication of Indirect Civil Contempt,” wherein she alleged, further instances of Mark’s

misconduct regarding M&J including, his threats to Janet and Eric as they attempted to hire new

employees, pay Christmas bonuses, and pay vendors with the company credit card. Janet also

alleged that Mark stopped paying her salary since December 2019 and “absconded with $250,000

of business funds,” which left M&J without adequate working capital; in early December 2019,

Janet and Eric terminated Mark’s brother, Jeff Almodovar because he routinely showed up to work

with a gun.

-3- 2023 IL App (2d) 220154-U

¶ 13 On March 6, 2020, Janet filed a motion to vacate the agreed order dated July 8, 2019, and

asked the court to refer the matter to the Lake County State’s attorney for investigation of perjury

and for filing a false police report. Janet alleged that during Mark’s February 10, 2020, deposition,

he repeatedly impeached himself and contradicted the allegations that he made to the Antioch

police that caused her to be arrested for battery and to be incarcerated overnight. Then, on June

18, 2019, Mark obtained an emergency order of protection based on the false battery charges.

Using the order of protection, Mark manipulated Janet to trade away possession of the marital

home to ensure her freedom and continued employment with M&J. Thereafter, Mark moved his

“paramour” into the marital home.

¶ 14 On March 10, 2020, the court heard testimony regarding Janet’s petition for injunctive

relief. Janet’s counsel asked Mark if he stated under oath in his domestic violence petition, “my

wife has many guns which she keeps in the house.” Mark agreed that he made that statement. He

also agreed that when he made that statement, there were no guns in the house other than the guns

that were in his vault. Mark did not agree that his statement that “his wife has many guns” was

false, because “[g]uns are marital property.”

¶ 15 On June 24, 2020, Janet filed a second supplement to her emergency petition for a

temporary restraining order and appointment of a receiver. Janet alleged inter alia, that Mark

obtained a Payroll Protection Program (PPP) loan in the amount of $217,775, and had used

$36,000 of the PPP loan to pay off the mortgage on the marital residence and $50,000 to pay his

attorney’s fees. Janet also alleged that Mark withdrew $100,000 from the parties’ health savings

account, transferred $100,000 from the parties’ joint account into his personal account, and

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2023 IL App (2d) 220154-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-almodovar-illappct-2023.