In Re Marriage of Christianson

411 N.E.2d 519, 89 Ill. App. 3d 167
CourtAppellate Court of Illinois
DecidedOctober 31, 1980
Docket79-793
StatusPublished
Cited by15 cases

This text of 411 N.E.2d 519 (In Re Marriage of Christianson) 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 Christianson, 411 N.E.2d 519, 89 Ill. App. 3d 167 (Ill. Ct. App. 1980).

Opinions

Mr. JUSTICE STENGEL

delivered the opinion of the court:

Ute J. Christianson, petitioner, married respondent, Jack F. Christianson, on March 17,1955. Six children were bom of the marriage ranging in ages, as of January 1, 1980, from 22 to 12. On September 21, 1972, a decree of divorce was entered in the cause providing that petitioner was to receive custody of the six minor children; that respondent was to pay $120 per week child support for six months and then $125 per week; that respondent was to provide all reasonable medical, dental, hospitalization and pharmaceutical expenses for the minor children; that respondent was to provide for the education of the minor children through high school and to assist, where possible, with their college education; that respondent was to have two parcels of real property as his separate property with petitioner having the right to reside in one of those residences, as long as she remained unmarried, at no cost to her whatsoever, and that the residence would be maintained in a reasonable condition.

On June 15, 1976, petitioner filed a petition for modification of the decree of divorce, a petition for mle to show cause, and a petition for the entry of a money judgment alleging that respondent had failed to pay for medical and dental expenses; that the children’s needs had increased substantially; that the income of respondent had increased substantially; that payments on the premises at 223 N. Kickapoo Terrace were in arrears and foreclosure proceedings were possible; that the residence was in disrepair and that petitioner had no funds to make repairs; and that the prior decree should be modified. The petitions for rule to show cause and for money judgment also alleged that respondent was in arrears for child support and prayed for judgment in the amount of the arrearage.

Later a motion for leave to file amended petitions was granted. The amended petitions contained essentially the same allegations with additional requests for immediate repairs to the residence to be paid for by the respondent, for posting of security for future payments, and for attorney’s fees. Respondent then filed a motion for modification of decree requesting a reduction in support and filed his answer to the petition for modification of decree, an answer to amended petition for rule to show cause, an answer to petition for attorney’s fees, and a motion for rule to show cause.

On July 1, 1977, an order was entered placing the telephones at the residence of petitioner into her name, relieving respondent from payment of long-distance phone charges, and requiring respondent to pay the monthly charge for one phone, and reserving all other issues for further hearing. On December 7,1977, a judgment order was entered in favor of petitioner and against respondent in the sum of $10,944.15, but on December 13, 1977, respondent filed a post-trial motion alleging he had further evidence to present.

Thereafter, several hearings were held at which additional evidence was adduced. From the date of the original decree until July 1976, no child-support payments were made to the clerk of the circuit court, but instead, some payments were made by depositing them directly into petitioner’s checking account. These deposits were usually by check, and on several occasions these checks were returned for insufficient funds. There was conflicting testimony about funds received as loans on life insurance policies on the lives of the minor children. Respondent testified that these loans were, by agreement, a means of paying child support. Petitioner denied such an agreement, admitting that checks were received by her, but stating that she either signed the checks and returned them to the respondent or cashed them in his presence and gave him the money, receiving back small amounts on one or two occasions.

Petitioner also testified that on several occasions she had paid utility bills when shut-offs were threatened because respondent had not paid the bills, and checks for payment of those bills were introduced into evidence. The same was true for medical and dental expenses which were paid by petitioner or were still due and owing. Evidence of school expenses paid by petitioner, for which she was not reimbursed by respondent, was also submitted.

On July 17, 1979, an order was entered finding that respondent was delinquent in child support as of December 13, 1977, in the amount of $2,100, that both parties were in contempt of the spirit of the original decree, and finding that there had been substantial changes requiring modification. The order then provided that respondent pay to petitioner the arrearage of $2,100; that respondent pay child support of $100 per week commencing July 1, 1979, to be reduced by $25 per week as each child becomes emancipated; and that child support terminate upon emancipation of the youngest child. The order further provided that respondent order all work done on petitioner’s residence; that he be responsible for all dental, medical, optical and medicinal bills required for the benefit of the minor children not paid for by insurance; that he pay real estate taxes and $125 per month as a contribution towards utility costs, with the latter payments to cease upon remarriage of the petitioner or upon emancipation of the youngest child, whichever occurs first; that petitioner have exclusive possession of the residence at 223 Kickapoo Terrace until the youngest child is emancipated or she remarries, whichever occurs first; that petitioner be excused from executing a quitclaim deed to the property until all the obligations of respondent are met, unless required by a lending institution for refinancing purposes; that respondent furnish copies of all life insurance policies on his life in favor of the minor children and copies of all policies on the lives of the minor children of the parties; that both parties were enjoined from harassing each other directly or indirectly through their offspring and from harassing the minor children with respect to visitation rights. The order vacated the judgment of December 7, 1977, and awarded alimony in gross of $4,800 to petitioner to be paid in 24 equal installments commencing July 15,1979. The modification order also awarded $2,500 as petitioner’s attorney’s fees to be paid within one year from the date of the order, and reserved all contempt sanctions.

On July 26,1979, an order nunc pro tunc was entered providing that respondent had the duty of repair of the residence and could undertake repairs himself or could hire workmen under his direction. This order also provided for a change in the method of utility payments. No motion or notice regarding the order nunc pro tunc was filed or served.

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In Re Marriage of Christianson
411 N.E.2d 519 (Appellate Court of Illinois, 1980)

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Bluebook (online)
411 N.E.2d 519, 89 Ill. App. 3d 167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-christianson-illappct-1980.