In Re Marriage of Beckett

552 N.E.2d 375, 195 Ill. App. 3d 424, 142 Ill. Dec. 25, 1990 Ill. App. LEXIS 363
CourtAppellate Court of Illinois
DecidedMarch 22, 1990
Docket4-89-0552
StatusPublished
Cited by5 cases

This text of 552 N.E.2d 375 (In Re Marriage of Beckett) 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 Beckett, 552 N.E.2d 375, 195 Ill. App. 3d 424, 142 Ill. Dec. 25, 1990 Ill. App. LEXIS 363 (Ill. Ct. App. 1990).

Opinion

JUSTICE LUND

delivered the opinion of the court:

Thomas W. Beckett (respondent) brings this appeal from an order of the circuit court of McLean County entered on January 19, 1989, and the supplemental order of judgment of dissolution of marriage entered on July 7, 1989. The issue before the court is whether respondent was barred by the limitations provision set forth in section 8 of the Illinois Parentage Act of 1984 (Act) (Ill. Rev. Stat. 1985, ch. 40, par. 2508) from seeking the determination that he was not the father of the two minor children born during the marriage of the parties.

Respondent and Penelope J. Beckett (petitioner) were married on August 18, 1979, and two children were born to the marriage, a girl born November 11, 1979, and a boy born March 27, 1981. Pursuant to an order of the circuit court on July 20, 1988, blood tests were administered for purposes of determining the paternity issue. These tests indicated that respondent was excluded as the biological father of both the boy and the girl.

Petitioner filed her petition for dissolution of marriage on February 7, 1984. After a hearing on February 15, 1984, a protection order and temporary child support order were entered on February 16, 1984. Respondent was present at the February 15 hearing and agreed to the support order. A hearing on the petition for dissolution of marriage was held on May 29, 1984, and respondent, by his attorney, consented to a default order on the issue of grounds. A written judgment was entered on May 31, 1984, providing a finding that “two children were born to the marriage of the parties.” The order dissolved the marriage, but reserved “for further hearing all issues concerning permanent custody, permanent support, maintenance, division of property and attorneys’ fees between the parties.” It also provided “all temporary orders previously entered in this cause shall remain in full force and effect.”

A petition for rule to show cause relating to the failure to pay child support was filed on March 25, 1985. On March 20, 1985, a notice of hearing on the “Petition for Rule to Show Cause and all other remaining issues” had been filed. The hearing on the petition for rule to show cause was set for April 29, 1985, and a docket order for that date states:

“Both counsel appear for hearing noticed. By agreement of counsel, hearing is continued generally for respondent to file response and for medical testing in re paternity which is contested. Respondent acknowledges receipt of copy of rule.”

No further action is indicated in the court proceedings and the court file until October 3, 1986, when the Illinois Department of Public Aid filed a petition to intervene and set support.

On March 25, 1987, petitioner’s counsel filed a motion to withdraw, giving the reason “that he has been unable to communicate with the petitioner during the past twelve months, and he cannot continue to represent her under such circumstances.” The motion to withdraw was allowed on April 21, 1987. On December 2, 1987, respondent filed a “Petition to Terminate Temporary Child Support Order, to Vacate Portions of Judgment of Dissolution, and for Court Ordered Blood Tests to Determine Paternity.” This petition alleged Penelope J. Beckett had refused to submit herself and the children to blood tests. It asked to vacate that portion of the May 29, 1984, order dissolving the marriage which provided that the respondent was the father of the two children.

The balance of the trial court proceedings can be summarized for purposes of this appeal. The Illinois Department of Public Aid was allowed to intervene. Petitioner appeared and obtained new counsel. The court ordered the blood tests, and the results, as already noted in this opinion, indicated that the respondent was not the father of the two children. After the trial court first decided the statute of limitations did not bar respondent from proceeding on the paternity issue, the court reversed itself and, on January 20, 1989, the trial court filed its opinion which stated, in essence, that In re Marriage of Ingram (1988), 176 Ill. App. 3d 413, 531 N.E.2d 97, was authority for determining that the paternity issue was barred by the statute of limitations. Subsequently, a final judgment was entered, determining all the matters reserved in the original dissolution order, and this appeal followed.

The relevant statutory provisions of the Act are as follows:

“Presumption of Paternity, (a) A man is presumed to be the natural father of a child if:
(1) he and the child’s natural mother are or have been married to each other, even though the marriage is or could be declared invalid, and the child is born or conceived during such marriage.” Ill. Rev. Stat. 1985, ch. 40, par. 2505(a)(1).
“Determination of Father and Child Relationship; Who May Bring Action; Parties, (a) An action to determine the existence of the father and child relationship, whether or not such a relationship is already presumed under Section 5 of this Act, may be brought by the child; the mother; a pregnant woman; any person or public agency who has custody of, or is providing or has provided financial support to, the child; or a man presumed or alleging himself to be the father of the child or expected child. The complaint shall be verified and shall name the person or persons alleged to be the father of the child.
(b) An action to declare the non-existence of the parent and child relationship may be brought by the child, the natural mother or a man presumed to be the father under Section 5 of this Act. The complaint shall be verified. After the presumption has been rebutted, paternity of the child by another man may be determined in the same action, if he has been made a party.” Ill. Rev. Stat. 1985, ch. 40, par. 2507.
“Statute of limitations, (a)(1) An action brought by or on behalf of a child shall be barred if brought later than 2 years after the child reaches the age of majority; however, if the action on behalf of the child is brought by a public agency, it shall be barred 2 years after the agency has ceased to provide assistance to the child.
(2) An action brought on behalf of any person other than the child shall be barred if brought later than 2 years after the birth of the child. Failure to bring an action within 2 years shall not bar any party from asserting a defense in any action to declare the non-existence of the parent and child relationship.
(3) An action to declare the non-existence of the parent and child relationship shall be barred if brought later thari 2 years after the petitioner obtains knowledge of relevant facts. Failure to bring an action within 2 years shall not bar any party from asserting a defense in any action to declare the existence of the parent and child relationship.” Ill. Rev. Stat. 1985, ch. 40, par. 2508.
“Jurisdiction; Venue, (a) The circuit courts shall have jurisdiction of an action brought under this Act.

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Bluebook (online)
552 N.E.2d 375, 195 Ill. App. 3d 424, 142 Ill. Dec. 25, 1990 Ill. App. LEXIS 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-beckett-illappct-1990.