In Re Marriage of Thomsen

872 N.E.2d 1, 371 Ill. App. 3d 236, 313 Ill. Dec. 241, 2007 Ill. App. LEXIS 31
CourtAppellate Court of Illinois
DecidedJanuary 17, 2007
Docket2-06-0289
StatusPublished
Cited by19 cases

This text of 872 N.E.2d 1 (In Re Marriage of Thomsen) 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 Thomsen, 872 N.E.2d 1, 371 Ill. App. 3d 236, 313 Ill. Dec. 241, 2007 Ill. App. LEXIS 31 (Ill. Ct. App. 2007).

Opinion

JUSTICE BYRNE

delivered the opinion of the court:

Respondent, David Thomsen, n/k/a David Christopher, appeals, inter alia, from orders (1) concealing the identity of his daughter Kiersten’s college; (2) compelling him to pay 50% of her college tuition and related expenses; (3) denying his second amended petition for DNA testing, and (4) awarding sanctions to petitioner, Linda Thomsen. For the reasons that follow, we affirm.

BACKGROUND

The record on appeal reveals that the parties were married in February 1982. During the marriage, two children were born, Kiersten and Ashlea.

On June 26, 1990, during dissolution proceedings, petitioner petitioned to terminate respondent’s visitation, alleging, among other things, that Kiersten was sexually abused by respondent. On April 22, 1991, the parties stipulated that Dr. Ronald Tanouye would testify that he examined Kiersten and that his examination revealed a mild reddening of the urethra, which could have resulted from a variety of causes, including sexual abuse. On April 24, 1991, the court suspended visitation between respondent and the children, and both parties were ordered to submit to treatment.

On June 24, 1993, the judgment for dissolution of marriage was entered. The trial court granted petitioner full custody of the children and suspended visitation with respondent, finding that visitation would seriously endanger the children’s physical, mental, moral, or emotional health. The trial court further found that respondent had failed to establish that since April 24, 1991, a change of circumstances had occurred that would support a finding that it was in the best interests of the children to resume visitation.

CONTRIBUTION FOR KIERSTEN’S COLLEGE

On October 5, 2004, petitioner filed a motion for a trust under section 503(g) of the Illinois Marriage and Dissolution of Marriage Act (Act) (750ILCS 5/503(g) (West 2004)). Count I alleged that respondent, who was now using the name David Christopher, had not paid child support for 11 years, had been incarcerated for failing to pay support, and had an arrearage in the amount of $109,000. Count II, which is the subject of this appeal, sought contribution toward Kiersten’s college expenses.

On August 2, 2005, following a “hearing on the motion for college contribution,” the trial court ordered petitioner to provide to respondent Kiersten’s college transcripts and report cards to prove that Kiersten had over 12 credit hours of schooling and a passing average. The order stated that these documents may be redacted to delete any information identifying the school, over respondent’s objection pursuant to section 513 of the Act. The order further stated that in Kiersten’s best interest she should not be obligated to sign consents to release school information and that “she shall not be obligated to provide the same.” The order further provided that the parties were obligated to split the costs of tuition, books, and room and board, after deducting any grants or scholarships. The order reserved for future consideration and continued for hearing the issues of incidental expenses, loan applications, and loan cost allocation, “including how many loans the child must take, who shall pay them back & to whose share they will apply, if anyone’s.” On appeal, respondent has not provided a transcript, a bystander’s report, or an agreed statement of facts of the hearing conducted on August 2, 2005.

On September 14, 2005, the trial court conducted an evidentiary hearing. Petitioner testified regarding her income, a financial aid application, and college costs. She testified regarding loans and a scholarship to which Kiersten was entitled and Kiersten’s resources. Petitioner also testified as to the $2,854 in incurred incidental expenses and future contributions, which she was seeking. She further testified about Kiersten’s medical insurance costs.

On cross-examination, respondent’s counsel asked a series of questions regarding petitioner’s income, loans, and child support, Kiersten’s income and assets, and health insurance coverage and costs. Counsel also asked a series of questions regarding petitioner’s assets, which raised an objection by petitioner’s counsel. In sustaining the objection, the trial court noted that respondent’s counsel was attempting to contest the August 2 order. The trial court noted that the allocation had been determined and that counsel had not filed a motion to reconsider that order. While the trial court did allow respondent’s counsel to make an offer of proof regarding petitioner’s assets, petitioner’s attorney noted disagreement with the offer of proof. Further, respondent never testified at the hearing or at any other time indicated in the record. No motion to reconsider the August 2 order was ever filed.

Following the hearing on September 14, the trial court ordered that petitioner could remove $10,000 from Kiersten’s Morgan Stanley account without penalty, if the funds were available. If the funds were unavailable, each party was directed to pay $5,000 toward tuition and school-related expenses. Respondent’s share was to be paid to the college, through his attorney. Thereafter, by an agreed order entered on September 23, 2005, respondent would pay $5,000 if petitioner provided written proof that the Morgan Stanley account funds were unavailable.

On September 15, 2005, petitioner filed a motion to modify the judgment for dissolution of marriage, pursuant to sections 505.2, 510, and 513 of the Act (750 ILCS 5/505.2, 510, 513 (West 2004)). Petitioner sought respondent’s contribution toward medical and dental insurance costs and uncovered medical expenses for Kiersten.

On November 2, 2005, the court ordered that each party contribute $1,000 per semester for Kiersten’s incidental college expenses. The trial court denied petitioner’s motion to continue medical insurance coverage for the children past the age of majority.

On November 15, 2005, petitioner filed a motion to designate incidental expenses. In the motion, petitioner referenced the November 2 order awarding contribution toward incidental expenses and sought clarification.

Thereafter, on February 10, 2006, the trial court ordered respondent to pay $5,539, of which $890 was to be paid toward Kiersten’s first-semester tuition and incidental expenses after respondent’s payment of $5,000, $3,649 for expenses for the second semester per the current bill showing $7,298 incurred to date, plus $1,000 for second-semester estimated incidental expenses. Respondent was also ordered to pay 50% of any uncovered reasonable and necessary medical expenses incurred by Kiersten until she graduates from college, including summer and other school breaks, provided that she remains in college. Finally, the order provides that, if respondent finds out the name of Kiersten’s college, he may apply for a parent loan. Respondent has not provided a transcript, a bystander’s report, or an agreed statement of facts of the February 10 hearing.

DNA PETITIONS

From the time of the petition for dissolution, respondent has denied paternity of the children.

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

Related

In re Marriage of Moehring
2025 IL App (2d) 240071-U (Appellate Court of Illinois, 2025)
In re Commitment of Stanbridge
2024 IL App (4th) 220686-U (Appellate Court of Illinois, 2024)
In re Marriage of Christos
2023 IL App (1st) 211187-U (Appellate Court of Illinois, 2023)
Sullivan v. Sullivan
2020 IL App (1st) 181860-U (Appellate Court of Illinois, 2020)
In re B.L.
2020 IL App (4th) 190629-U (Appellate Court of Illinois, 2020)
Razavi v. School of the Art Institute of Chicago
2018 IL App (1st) 171409 (Appellate Court of Illinois, 2019)
Countrywide Home Loans Servicing, LP v. Clark
2015 IL App (1st) 133149 (Appellate Court of Illinois, 2015)
In re Parentage of M.M.
2015 IL App (2d) 140772 (Appellate Court of Illinois, 2015)
In re Marriage of Epting
2012 IL App (1st) 113727 (Appellate Court of Illinois, 2013)
In Re Marriage of Deike
887 N.E.2d 628 (Appellate Court of Illinois, 2008)
In Re Marriage of Ellinger
882 N.E.2d 692 (Appellate Court of Illinois, 2008)
In Re Marriage of Manhoff
880 N.E.2d 627 (Appellate Court of Illinois, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
872 N.E.2d 1, 371 Ill. App. 3d 236, 313 Ill. Dec. 241, 2007 Ill. App. LEXIS 31, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-thomsen-illappct-2007.