In Re Marriage of Tatham

688 N.E.2d 864, 293 Ill. App. 3d 471, 228 Ill. Dec. 166, 1997 Ill. App. LEXIS 902
Appellate Court of Illinois·Decided December 29, 1997·No. 5-96-0494·Published·Cited by 21 cases

Opinion

JUSTICE GOLDENHERSH

delivered the opinion of the court:

Petitioner, Jane Elizabeth Tatham, now known as Jane Elizabeth Myre, appeals from orders of the circuit court of Johnson County finding her in contempt, imposing sanctions, and awarding attorney fees against her in favor of respondent, Jonathan Edward Chase Tatham. On appeal, petitioner contends that (1) under the Uniform Child Custody Jurisdiction Act (the Act) (750 ILCS 35/1 et seq. (West 1994)), the trial court lacked jurisdiction and the various orders finding her in contempt and imposing sanctions are void, (2) assuming, arguendo, that the trial court had jurisdiction, the trial court erred in finding petitioner’s conduct wilful and contumacious, (3) the sanctions imposed on petitioner constitute an abuse of the trial court’s discretion, and (4) the trial court erred in awarding attorney fees in the July 2, 1996, order. We affirm in part, vacate in part, and remand with directions.

I

The parties have been engaged in protracted custody, visitation, and support disputes stemming from their 1987 divorce. A brief review of the procedural history will suffice for purposes of this appeal. The parties were married on June 25, 1977. One child was born to the parties, Kathryn Elizabeth, born on April 15, 1981. On July 19, 1984, petitioner filed for dissolution. A judgment of dissolution was entered on July 21, 1987. The custody of Kathryn was awarded to petitioner, with respondent receiving certain visitation rights. Ultimately, respondent was ordered to pay $750 per month in child support, reduced by $175 per week during the period of respondent’s summer visitation with his daughter. Respondent filed an appeal, which was soon followed by a cross-appeal by petitioner. On August 22, 1988, this court issued an opinion affirming in part and reversing in part the determination of the trial court. In re Marriage of Tatham, 173 Ill. App. 3d 1072, 527 N.E.2d 1351 (1988). The opinion left intact the trial court’s rulings regarding child custody, visitation, and support. On September 18, 1990, the trial court entered an order modifying visitation, increasing respondent’s visitation with Kathryn during the summer. Respondent was allowed visitation with Kathryn beginning on the eighth day of her summer vacation from school through the eighth day prior to her return to school.

On December 7, 1994, petitioner filed a motion for order to show cause, alleging that respondent failed to pay one-half month of child support ($375) and refused to pay $1,718.24 in medical expenses incurred on behalf of Kathryn. On January 12, 1995, respondent filed a petition to modify the judgment of dissolution concerning medical expenses for Kathryn. Respondent specifically asked that petitioner be required to obtain a comprehensive medical policy for Kathryn from the child support paid by respondent. On February 14, 1995, the trial court entered an order finding that respondent owed $352 in outstanding medical bills for Kathryn and ordered respondent to pay that amount and provide medical coverage for Kathryn. The trial court did not find respondent in wilful contempt for failure to pay medical bills. Thereafter, on March 29, 1995, respondent’s child support obligation was reduced from $750 per month to $685 per month due to respondent providing health insurance for Kathryn.

On April 24, 1995, an amended order was entered which ordered respondent to immediately send an insurance card for Kathryn and file it with the clerk of the circuit court. The order also provided that respondent was required to pay support on or before the first business day of each month. The order specifically provided, "[A]ll matters contained in the Order of March 29, 1995, shall remain in full force and effect.”

On June 14, 1995, respondent filed a petition for rule to show cause, alleging that petitioner had wilfully and contumaciously violated the visitation order of the trial court by refusing to allow Kathryn to visit respondent until and unless respondent paid child support for the month of June, in violation of the preexisting order finding no obligation on the part of respondent to pay child support for the months of June, July, and August. The trial court entered an order for rule to show cause and set a hearing for July 13, 1995. On July 5, 1995, petitioner filed a pro se special appearance, "without admitting to the personal or subject matter jurisdiction,” in which she claimed that she never conditioned respondent’s visitation with Kathryn on the payment of money. Incorporated in the special appearance was the affidavit of Ann Oldfather, a Louisville, Kentucky, attorney.

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In Re Marriage of Tatham, 688 N.E.2d 864, 293 Ill. App. 3d 471, 228 Ill. Dec. 166, 1997 Ill. App. LEXIS 902 (Ill. Ct. App. 1997).

688 N.E.2d 864 (In Re Marriage of Tatham) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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