In Re Marriage of Matchen

866 N.E.2d 683, 372 Ill. App. 3d 937, 310 Ill. Dec. 522, 2007 Ill. App. LEXIS 339
CourtAppellate Court of Illinois
DecidedApril 11, 2007
Docket2-06-0749
StatusPublished
Cited by25 cases

This text of 866 N.E.2d 683 (In Re Marriage of Matchen) 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 Matchen, 866 N.E.2d 683, 372 Ill. App. 3d 937, 310 Ill. Dec. 522, 2007 Ill. App. LEXIS 339 (Ill. Ct. App. 2007).

Opinions

JUSTICE CALLUM

delivered the opinion of the court:

Respondent, Jeanette Matchen, timely appeals the judgment of the circuit court of McHenry County denying her petition for leave to remove the parties’ two minor children from Illinois to Wisconsin. On appeal, respondent argues that the trial court’s findings are against the manifest weight of the evidence. For the following reasons, we affirm.

I. BACKGROUND

Respondent testified that she and petitioner, James Matchen, divorced in August 1995. Pursuant to the judgment of dissolution, the parties shared joint custody of their three children. At the time of the removal hearing, Jeremiah, 20 years old, lived with petitioner, and Jeffrey, 14 years old, and Jessica, 12 years old, lived with respondent. Both parties and the children reside in McHenry County.

In August 2002, respondent met and fell in love with Tom Mayer, a retired electronics engineer and professional inventor. After working in Hoffman Estates for 22 years, Mayer retired to 88 acres of land in the Wisconsin Dells area that are held in a trust for him and his brother. The land has been in his family Since 1955. In 2004, respondent petitioned to remove Jeffrey and Jessica to live with her and Mayer at his home in the Wisconsin Dells. Respondent and Mayer are engaged; however, they have delayed setting a wedding date, pending the resolution of the petition for removal. The trial court held a hearing on the removal petition on August 24 and 25, 2005, September 2, 2005, and January 11, 2006.

Respondent, a house cleaner, testified that she has been self-employed for two years. She works approximately 15 hours per week. According to respondent’s tax return, her total gross income for 2004 was $7,347. She testified that she earns approximately $690 per month, has approximately $1,846.49 per month in expenses, and does not have sufficient funds to pay her bills. Accordingly, Mayer pays respondent’s entire rent — $750 per month — and helps her pay for gas and car repairs. Respondent testified, however, that she believes it is important to be home with her children when they are not at school — to supervise them and give them the stability and comfort of an adult presence. Respondent’s work schedule permits her to be home if the children are sick, as well as when they leave for and come home from school. When the children get home from school, respondent prepares their after-school snacks, helps them with homework, organizes their belongings for the next day, and takes them to their activities. She also spends time with them playing games on the computer, biking, or going for walks. Respondent testified that it was more difficult for her to do many of those things when she was previously employed full time. Although respondent has looked in the newspaper for other job opportunities, she testified that she does not have the qualifications for the postings and that she has not seriously looked for alternative employment in the past two years.

Respondent further testified that she currently rents a run-down, three-story home, one block from Highway 120 in McHenry. She testified that there is constant traffic in front of her house. Until recently, Jeffrey and Jessica shared an attic loft; however, to give them their own rooms, respondent now sleeps on the couch and Jessica has moved into respondent’s former room. Respondent testified that her landlord is nosy and comes to the house unannounced. He peers through windows and tries the door before he knocks. The children find him “creepy.” As a result, they shut the blinds, lock the doors, and stay inside because respondent does not want him in their presence. The house is musty, and the air quality poor. Respondent testified that she sought alternate housing, but could not afford it. She testified that the McHenry County Housing Department was not helpful to her in finding new housing, although she conceded that she had not used it as a resource in six years.

Mayer’s Wisconsin home sits on his 88-acre property in a very quiet neighborhood. It is a three-bedroom, loft house with a full basement. The property has a pond for swimming and a shooting gallery where the children can shoot clay pigeons and engage in target practice. After some remodeling, the children would have their own bedrooms and respondent would have a bedroom as well. Since becoming involved with Mayer, respondent and the children go to Wisconsin every other weekend. When there, they spend significant time outdoors.

Respondent testified that Jeffrey is interested in hunting. In Wisconsin, he hunts, shoots, plays paintball, drives a bulldozer, rides go-carts, and fishes. She testified that he could not do many of these things near their home in McHenry, although she later conceded that her current home is within a mile of a lake, that the children fish at that lake with petitioner, and that petitioner occasionally takes Jeffrey shooting and paintballing in McHenry County. While Jeffrey is not currently playing any sports, he used to play soccer and respondent was his soccer coach for three years. Sports are available to him in Wisconsin, should he wish to participate. Jeffrey also enjoys playing guitar, swimming, and video games. In Wisconsin, an entertainment section was built on the heated porch for video games, for television, and as a place for Jeffrey to play his guitar.

In the past, Jessica played basketball and was in the school band. She currently participates in chorus, arts and crafts, painting, and drawing. She enjoys swimming and catching frogs, and is interested in flora and fauna. According to respondent, all of those activities are available in Wisconsin. Mayer built an art gallery on the porch for Jessica to keep her crafts, paints, brushes, and easels, and she can leave her art materials set up there. Respondent stated that Jessica cannot leave her materials set up and work on arts and crafts in her current home because the only possible location, the basement, is musty, and Jessica has asthma. However, respondent conceded that Jessica has a desk set up at petitioner’s home where she works on arts and crafts.

Jeffrey will be a freshman at McHenry West High School and receives A and B grades in his classes. According to respondent, the high school in the Wisconsin Dells area offers the same classes, including Spanish, that Jeffrey would take in McHenry. In addition, Wisconsin Dells High School offers German classes and higher-level history classes. The class sizes at the two high schools are approximately the same. Jessica will be in the seventh grade and performs well academically. The middle school in the Wisconsin Dells has a slightly smaller class size than her school in McHenry. Certain extracurricular activities in McHenry may be cut for budgetary reasons. Respondent testified that the art classes at Jessica’s school might be cut if a referendum fails. In contrast, art classes would remain available to her in Wisconsin. While it costs $200 to enroll Jeffrey in the high school in McHenry, it would cost $20 to enroll him in the Wisconsin Dells school. Similarly, while it would cost $115 to enroll Jessica in the McHenry middle school, it would cost $20 to enroll her in the Wisconsin Dells school. Petitioner, however, pays half of the school registration fees for both children. Respondent testified that Jeffrey spends time with two friends in McHenry, but that he has an outgoing personality, is likeable, and would have no trouble making friends in Wisconsin.

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Cite This Page — Counsel Stack

Bluebook (online)
866 N.E.2d 683, 372 Ill. App. 3d 937, 310 Ill. Dec. 522, 2007 Ill. App. LEXIS 339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-matchen-illappct-2007.