In re Marriage of Krier

2022 IL App (3d) 210148-U
CourtAppellate Court of Illinois
DecidedJune 10, 2022
Docket3-21-0148
StatusUnpublished

This text of 2022 IL App (3d) 210148-U (In re Marriage of Krier) 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 Krier, 2022 IL App (3d) 210148-U (Ill. Ct. App. 2022).

Opinion

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

2022 IL App (3d) 210148-U

Order filed June 10, 2022

IN THE

APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

In re MARRIAGE OF ) Appeal from the Circuit Court ) of the 12th Judicial Circuit, ) Will County, Illinois. CHRISTINE KRIER, ) ) Petitioner-Appellee, ) Appeal No. 3-21-0148 ) Circuit No. 11-D-324 and ) ) JOSEPH KRIER, ) Honorable ) Dinah Lennon Archambeault, Respondent-Appellant. ) Judge, Presiding.

JUSTICE HAUPTMAN delivered the judgment of the court. Justices Lytton and Schmidt concurred in the judgment.

ORDER ¶1 Held: The circuit court did not err by entering the orders, relating to respondent’s child support and sanctions under Illinois Supreme Court Rule 137 (eff. Jan. 1, 2018), that underlie the order finding respondent in indirect civil contempt. However, the circuit court failed to comport with minimal due process during the indirect civil contempt proceedings. Therefore, the order finding respondent in indirect civil contempt, pursuant to petitioner’s three petitions for rule to show cause, is partially vacated. The matter is remanded for further proceedings.

¶2 Over several years of postdissolution of marriage proceedings, petitioner, Christine Krier,

and respondent, Joseph Krier, disputed many issues, including Joseph’s child support. Christine

sought sanctions against Joseph under Rule 137, resulting in an order for Joseph to pay $7500 in fees to Christine’s attorney. Christine also filed three petitions for rule to show cause, seeking

orders directing Joseph to show cause why he should not be held in indirect civil contempt for,

inter alia, failing to comply with child support orders and the Rule 137 sanctions order. The

circuit court held Joseph in indirect civil contempt and imposed certain penalties, subject to

purge. Joseph, a self-represented litigant, appeals.

¶3 I. BACKGROUND

¶4 Christine and Joseph were married on February 19, 2005. One child, A.K., was born of

the marriage. On February 18, 2011, Christine petitioned for dissolution of the marriage and, on

August 8, 2012, the circuit court entered a judgment.

¶5 Over the next six years of postdissolution of marriage proceedings, the parties disputed

Joseph’s child support. The judgment for the dissolution of marriage provided for Joseph to pay

$666.66 per month in child support, but these postdissolution proceedings resulted in reductions

of child support in multiple amounts. While the reason is unclear from the record, child support

issues were reserved and repeatedly continued from March 28, 2014, to September 5, 2016.

¶6 On September 6, 2016, Joseph withdrew a pending motion to reduce child support with

prejudice. That same day, Christine filed a petition to increase Joseph’s child support under

section 505 of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/505

(West 2016)), arguing there was a substantial change in Joseph’s income. In addition, on

October 4, 2016, Christine filed a petition for contribution to fees and costs under section 508(a)

and (b) of the Act (750 ILCS 5/508(a), (b) (West 2016)) and Rule 137, alleging, inter alia,

Joseph obtained unwarranted reductions of his child support by knowingly and falsely

misrepresenting his income to the circuit court. Christine argued Joseph committed perjury,

failed to fully comply with discovery related to his income, and caused unnecessary litigation.

2 Christine supported her petition with the affidavit of her attorney, which indicated the services

and attorney fees necessitated by Joseph’s unwarranted requests for child support reductions.

¶7 On February 25, 2019, the circuit court held a hearing on Christine’s motion to increase

child support and petition for attorney fees and costs under section 508(a) and (b) and Rule 137.

A report of proceedings from that hearing is not contained in the record. However, at the hearing,

Joseph was in attendance and represented by an attorney. After the hearing, the circuit court

entered an order with “both parties in agreement with *** [its] recommendations.” The agreed

order increased Joseph’s child support to $600 per month, retroactive to September 6, 2016, and

ordered Joseph to pay Christine’s attorney $7500 within 90 days “pertaining to 137 sanctions.”

¶8 On March 26, 2019, Joseph, through his attorney, filed a motion to vacate the

February 25, 2019, agreed order. Joseph argued Christine’s income was higher than the amount

indicated by her attorney, such that the circuit court’s recommendations on his child support and

contribution to attorney fees would have been different if based on Christine’s actual income.

¶9 In response, Christine argued Joseph’s income, not her income, was in dispute on

February 25, 2019. Christine stated the circuit court’s ruling was based on fairness and an effort

to settle the dispute. Christine also noted each party agreed with the circuit court’s

recommendations. Nevertheless, Christine denied withholding information about her income.

¶ 10 On June 4, 2019, Christine filed two petitions for rule to show cause, seeking orders for

Joseph to show cause why he should not be found in indirect civil contempt. The first petition

related to Joseph’s failure to pay a share of A.K.’s medical bills, health insurance, school fees,

daycare fees, and extracurricular activity fees. The second petition related to Joseph’s

noncompliance with the parties’ allocated parenting time.

3 ¶ 11 On August 27, 2019, the circuit court held a hearing on Joseph’s motion to vacate the

February 25, 2019, order and Christine’s two petitions for rule to show cause. A report of

proceeding for that hearing is not contained in the record. In an order entered after the hearing,

the circuit court denied Joseph’s motion to vacate, finding that motion was “not sufficient to

warrant a re-hearing.” The circuit court noted the February 25, 2019, order was agreed to by the

parties. The circuit court also issued the rules to show cause against Joseph.

¶ 12 On September 25, 2019, Joseph filed a pro se motion to reconsider the denial of his

motion to vacate the February 25, 2019, order. Joseph again argued Christine failed to provide

her correct income. Further, for the first time, Joseph argued the Rule 137 sanctions, requiring

him to pay Christine’s attorney $7500, were imposed without an explanation by the circuit court.

The circuit court subsequently denied Joseph’s motion to reconsider on December 23, 2019.

¶ 13 On November 26, 2019, Christine filed a third petition for rule to show cause, seeking an

order requiring Joseph to show cause why he should not be found in indirect civil contempt. This

petition related to (1) Joseph’s failure to comply with orders to pay child support and accrued

interest, totaling $21,250 and $6764.96, respectively, (2) Joseph’s abuse of the parties’ allocated

parenting time, and (3) Joseph’s noncompliance with the order to pay Rule 137 sanctions by

transmitting $7500 to Christine’s attorney. On December 4, 2019, despite no rule being issued,

Christine’s third petition for rule to show cause was set for a hearing on January 8, 2020.

¶ 14 On January 8, 2020, the parties appeared for the scheduled hearing. A report of

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