In re Marriage of DeBow

602 N.E.2d 984, 236 Ill. App. 3d 1038, 177 Ill. Dec. 89, 1992 Ill. App. LEXIS 1829
CourtAppellate Court of Illinois
DecidedNovember 10, 1992
DocketNo. 5—91—0221
StatusPublished
Cited by8 cases

This text of 602 N.E.2d 984 (In re Marriage of DeBow) 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 DeBow, 602 N.E.2d 984, 236 Ill. App. 3d 1038, 177 Ill. Dec. 89, 1992 Ill. App. LEXIS 1829 (Ill. Ct. App. 1992).

Opinion

PRESIDING JUSTICE GOLDENHERSH

delivered the opinion of the court:

Respondent/counterpetitioner, Earline DeBow (respondent), appeals from an order of the circuit court of St. Clair County distributing marital property and obligations between the parties. In this cause, respondent raises two issues: (1) whether the disposition and division of marital obligations and marital assets, namely a $3,400,000 judgment awarded to petitioner/counterrespondent, Walter Lee DeBow (petitioner), for injuries sustained after a beating by a fellow inmate during petitioner’s incarceration in the East St. Louis city jail, was equitable and supported by the evidence, and (2) whether the child support award conforms to the requirements of section 505 of the Blinois Marriage and Dissolution of Marriage Act (the Act) (Ill. Rev. Stat. 1989, ch. 40, par. 505). We affirm in part, reverse in part, and remand with directions.

Respondent has filed a motion requesting we take judicial notice of a petition and order entered in In re Estate of Walter DeBow, a Disabled Person, St. Clair County No. 88—P—442. In that cause, the trial court entered an order on February 21, 1992, allowing the guardian, Richard DeBow, to remove petitioner herein from a treatment center and to provide care and housing at the guardian’s own home. The court also allowed the request of the guardian for a monthly disbursement of $6,500 to pay petitioner’s room, board, supervision and therapy. By an order entered August 11, 1992, this amount was reduced to $4,000 per month, and a separate motion was filed to take judicial notice. Respondent asserts that in the interests of judicial fairness and economy, this court should take judicial notice of the foregoing proceedings because they constitute a substantial change in anticipated costs of caring for petitioner herein. Petitioner objects and responds that the proffered documents do not reflect the true intent of the trial court. Petitioner contends that in the event this court does take judicial notice of the aforementioned proceedings, we should review the entire transcript of the hearing on the petition for approval of expenditures, which was not originally tendered. Petitioner later filed a copy of the entire transcript and record in No. 88—P—442, and we have reviewed it.

A trial court should take judicial notice of closely related proceedings. (See Goad v. Evans (1989), 191 Ill. App. 3d 283, 547 N.E.2d 690 (which held that the circuit court in a wrongful death action should have taken judicial notice of a letter of administration appointing the plaintiff administrator of her son’s estate).) Judicial notice may be taken of factual evidence where the facts are capable of immediate and accurate demonstration by resort to easily accessible sources of indisputable accuracy. (People v. Davis (1976), 65 Ill. 2d 157, 357 N.E.2d 792.) Judicial notice of other proceedings may be proper where the same parties are involved and the allegations from those proceedings have been proved. (Walsh v. Union Oil Co. (1972), 53 Ill. 2d 295, 291 N.E.2d 644.) Here, the order in No. 88 — P—442, which was attached to respondent’s motion, authorizes the requested change in petitioner’s residence, as well as authorizes the $6,500 disbursement to his guardian. The record supports the order. For reasons later explained, we do not believe that these changes affect the disbursement of marital assets. Therefore, in the interest of judicial economy and the reasons stated above, this court grants respondent’s motions to take judicial notice.

I

Petitioner and respondent were married on July 21, 1975, but had lived together for approximately nine years prior to their marriage. The parties have two children, Pierre DeBow, bom September 25, 1970, and Tamika DeBow, bom February 1, 1979. On January 24, 1984, petitioner sustained injuries while he was being held in the East St. Louis city jail. On May 17, 1985, the estate of Walter DeBow was awarded a $3,400,000 jury verdict against the City of East St. Louis for petitioner’s injuries. The judgment was affirmed by this court in DeBow v. City of East St. Louis (1987), 158 Ill. App. 3d 27, 510 N.E.2d 895.

At the time of petitioner’s injury, the parties were married. Due to petitioner’s injuries, respondent was appointed as guardian of the estate and person of petitioner. As such, she hired a law firm to represent her and her husband in their suit against East St. Louis and attended each day of the trial. Respondent was directly involved in making medical decisions for her husband during his hospitalization and subsequent rehabilitation. Respondent acted as guardian until April 30, 1986, when petitioner’s brother and sister were substituted.

On January 19, 1988, petitioner, through his guardian, filed a petition seeking dissolution of marriage from respondent. After initially contesting the action, respondent filed a counterpetition seeking dissolution. The parties ultimately stipulated to grounds for dissolution and child custody. Respondent has custody of both children. At the time the action was filed, the only major marital asset was the $3,400,000 judgment against the City of East St. Louis. The parties stipulated that East St. Louis had agreed to periodic payments on the judgment. The payments are to be funded by a bond issue of July 1988, satisfied by a utility tax on power usage within East St. Louis. As of June 1, 1990, all scheduled payments had been met. The viability of the bonds, however, is questionable. Petitioner’s attorney in the suit against East St. Louis, Clyde Kuehn, filed an affidavit in the instant proceedings. It stated, in pertinent part:

“2. These bonds as presently constituted, and given the financial reputation and condition of the City of East St. Louis[,] are virtually incapable of selling without a greater than fifty percent discount.
3. The structure of the bond, being dependent upon power usage of the businesses and residents of the City of East St. Louis, and being secondary to a prior bond issue[,] is extremely high risk.
4. The continued viability of the payment on this issue is tied not only to the financial improvement of the City of East St. Louis, but also to the decline in population and business enterprises within the corporate limits.
Any future payments in satisfaction of the bonds are necessarily dependent upon utility tax revenues that depend upon increased usage and/or increase in utility rates. A decline in population and/or business, and corresponding decline in power usage could reduce the revenue that is the sole source of bond commitment.”

Testimony was presented on property and support issues. At the hearing, respondent testified that she attended 12th grade but did not graduate. Since the beginning of her relationship with petitioner in 1966, respondent has had only minimal employment. She worked for McDonnell-Douglas in 1966 as a sheet metalist for a short period of time. In 1972, respondent was hired by Cordis Carburetor, where she worked for one month.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Toberman v. Rodgers
2025 IL App (5th) 231270-U (Appellate Court of Illinois, 2025)
Issa Amer v. Rider
2024 IL App (1st) 220725-U (Appellate Court of Illinois, 2024)
In re Marriage of Berberet
2012 IL App (4th) 110749 (Appellate Court of Illinois, 2012)
People v. Mitts
762 N.E.2d 590 (Appellate Court of Illinois, 2001)
Vincent v. Williams
664 N.E.2d 650 (Appellate Court of Illinois, 1996)
In Re Paternity of Perry
632 N.E.2d 286 (Appellate Court of Illinois, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
602 N.E.2d 984, 236 Ill. App. 3d 1038, 177 Ill. Dec. 89, 1992 Ill. App. LEXIS 1829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-debow-illappct-1992.