In Re Marriage of Elies

618 N.E.2d 934, 248 Ill. App. 3d 1052, 188 Ill. Dec. 364, 1993 Ill. App. LEXIS 980
CourtAppellate Court of Illinois
DecidedJune 30, 1993
Docket1 — 92—1009
StatusPublished
Cited by10 cases

This text of 618 N.E.2d 934 (In Re Marriage of Elies) 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 Elies, 618 N.E.2d 934, 248 Ill. App. 3d 1052, 188 Ill. Dec. 364, 1993 Ill. App. LEXIS 980 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE McNAMARA

delivered the opinion of the court:

Following a protracted temporary support hearing, on September 27, 1991, the trial court issued an order directing petitioner, James Elies, to pay respondent, Elizabeth Elies, $1,500 per month in temporary unallocated maintenance and child support, retroactive to June 24, 1991, and temporary attorney fees totaling $3,000. The foregoing order was based upon the trial court’s finding that James, with the assistance of his father, Erwin Elies, manipulated his 1991 income to show a drastic reduction. The order caused James to be $1,071.73 in arrears on the temporary maintenance and child support payments. When he failed to pay the arrearage plus the attorney fees by the court-imposed deadline of March 10, 1992, the trial court issued an order holding him in contempt and remanded him to the custody of the sheriff of Cook County. James secured his release by filing this appeal and posting an appeal bond.

James argues that the contempt judgment must be reversed because the underlying order awarding Elizabeth temporary maintenance and child support of $1,500 per month and $3,000 in temporary attorney fees is against the manifest weight of the evidence.

Elizabeth and James were married on August 24, 1985. They had two children, Lauren and Morgan, born June 9, 1986, and March 16, 1988, respectively. Prior to his marriage to Elizabeth, James purchased a home in Northbrook, Illinois. James and Elizabeth later used this home as their marital residence.

At the time James filed this appeal, he was employed by BerteauLowell Plating Works, a Chicago electroplating company, of which his father was president and his grandfather, Herman Elies, was chief executive officer. (At oral argument, James’ attorney revealed that James was no longer working for the company.) James was employed by Berteau-Lowell for approximately 12 years. For the last seven years, he had been assigned to the shipping and receiving department, although his father attempted at times to give him additional responsibilities.

Berteau-Lowell is jointly owned by the Elies and Holzendorf families. At some time prior to James’ marriage, Erwin placed 430 shares of the company’s stock, or 8.5% of the total outstanding, in a trust, naming James as the beneficiary and himself as trustee. Erwin testified that he retained the right to terminate the trust at any time.

On May 21, 1990, James filed his petition for dissolution of marriage. Elizabeth filed her petition for temporary support and maintenance on June 20, 1990, although the parties and their children continued to live together until November 12, 1990. Elizabeth’s petition for temporary support and maintenance was first before the trial court on October 3, 1990, and was continued several times. Pending a full hearing on the merits with respect to Elizabeth’s petition, the parties entered into an agreement whereby James agreed to pay Elizabeth $200 per week for support. This agreement was reaffirmed in various agreed orders entered by the trial judge.

On a number of occasions, James did not make the required payments. Subsequently, on November 21, 1990, the trial court ordered James to pay Elizabeth $1,200 per month for unallocated spousal support for the months of November and December. When the November order expired on December 31, 1990, Elizabeth filed another petition for temporary support and maintenance. On January 11, 1991, the trial court entered a second order requiring James to pay Elizabeth $250 per week for unallocated support and maintenance.

At the time.the January 11 order was entered, James represented that his 1990 net income was $500 per week or $26,000 on an annualized basis. James’ 1990 Federal income tax return, however, reflected net income of $42,452. The difference represented the net proceeds of a $22,000 bonus James had received from Berteau-Lowell, $4,533 in interest income, and $733 in dividend income.

The hearing on Elizabeth’s petition for temporary maintenance and support commenced on July 22, 1991. The parties stipulated that James’ net income for the years 1988, 1989 and 1990 was $47,340.50, $76,151.20, and $45,521.55, respectively. In those same years, James was paid bonuses of $25,230, $56,100, and $22,975, respectively. The 1989 bonus included an additional $10,000 gift to James from Erwin. All bonuses were voted on by Erwin and William Holzendorf during the last quarter of Berteau-Lowell’s fiscal year, which ended on April 30, and were usually paid out in June.

James testified that he earned net income of $500 per week from April 1989 through 1991. Prior to that, his net weekly income was $450. In addition to receiving a weekly paycheck, James received a bonus for each of the four years preceding 1991. James testified that he did not receive a bonus in 1991 because Berteau-Lowell was losing money and had to expend $400,000 on the purchase of a large piece of machinery.

At the time James and Elizabeth separated, James possessed various assets, including a certificate of deposit in the amount of $40,000. After the separation, James redeemed the $40,000 certificate of deposit and used the proceeds to purchase, without Elizabeth’s knowledge, two $10,000 college bonds for the parties’ children and to refurnish the home after Elizabeth moved out. James testified that he spent more than the remaining $20,000 to refurnish his home because Elizabeth “took everything.” Although he was asked to produce receipts for the items he bought, James failed to do so, stating that he was not given enough time to collect them prior to the hearing.

James also liquidated two other certificates of deposit totaling $21,538, which he stated he used to pay bills and to cover his general living expenses. He was unable to provide an exact accounting, however, of how the funds were spent. He testified that he paid $2,000 to Elizabeth’s attorney and $5,200 to his former attorney.

James transferred to his father two $25,000 brokerage accounts which his father had opened in James’ name to provide additional income to James and Elizabeth on which to live. Erwin testified that he never gave his son the accounts themselves, but only the income from them. In 1991, James made $4,533 in interest income on the two accounts. The accounts were listed in James’ name, with his social security number, and the account statements were mailed to his address. However, he stated that he never had access to the funds used to open the accounts. In addition, James sold 400 units of an income trust, which he stated he used to pay support and attorney fees to Elizabeth.

At the time of the hearing, the sole remaining cash asset James possessed was a $14,000 individual retirement account. When questioned about a $100,000 certificate of deposit his parents had purchased and of which James was named trustee, James stated that he did not know of its existence until informed of it by his former counsel. James testified that he never received any interest income or principal from that investment nor did he know whether the account still existed.

James testified to his monthly income and expenses.

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Cite This Page — Counsel Stack

Bluebook (online)
618 N.E.2d 934, 248 Ill. App. 3d 1052, 188 Ill. Dec. 364, 1993 Ill. App. LEXIS 980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-elies-illappct-1993.