Szesny v. Szesny

557 N.E.2d 222, 197 Ill. App. 3d 966, 145 Ill. Dec. 452, 1990 Ill. App. LEXIS 597
CourtAppellate Court of Illinois
DecidedApril 27, 1990
Docket1-89-1747
StatusPublished
Cited by14 cases

This text of 557 N.E.2d 222 (Szesny v. Szesny) 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
Szesny v. Szesny, 557 N.E.2d 222, 197 Ill. App. 3d 966, 145 Ill. Dec. 452, 1990 Ill. App. LEXIS 597 (Ill. Ct. App. 1990).

Opinion

PRESIDING JUSTICE LaPORTA

delivered the opinion of the court:

Respondent appeals from a judgment of dissolution of marriage, claiming that the trial court abused its discretion in imposing almost the entire marital debt of over $82,000 upon him, and in modifying the visitation order to a more restrictive schedule. We affirm as to the distribution of marital debt and reverse and remand as to the visitation schedule.

The parties were married on November 1, 1980, in Chicago Heights, Illinois. From the time of their marriage until late in 1984, they lived with respondent’s mother, paying no rent and making no monetary contributions to the household. In 1984 the couple purchased a house, borrowing the money needed for earnest money deposit ($5,000) and for a down payment ($20,000) from the bank where respondent worked. The loans were secured by one-year lump-sum notes and liens on the cars of respondent’s mother and sister. The remaining $70,000 of the purchase price came in the form of a purchase money mortgage against the house, also held by the bank where respondent worked.

Petitioner testified that after they purchased the house, their standard of living went down; they did not go out as often and went to “cheap places.” Petitioner testified that she told respondent that their credit cards should be destroyed and she destroyed several of them herself. Respondent testified that he opened new charge accounts and took the cash advances to pay off other charge accounts. Petitioner testified that she did not sign for these credit cards although some of them bore her name.

Respondent testified that their standard of living did not abate, and in fact their living expenses increased dramatically. Their consumer debt jumped from nothing to $40,000 in 1984, with $20,000 owed on charge cards at the end of 1985, $43,000 owed at the end of 1986, and over $70,000 owed at the end of 1987. The current debt is approximately $82,000. Respondent testified that various loans were taken out in an effort to retire some of the debt. He also admitted to “playing the float” with their joint checking account, by hoping that deposits would arrive in time to cancel overdrafts.

Petitioner testified that she would attempt to “forced balance” their checking account registers at the end of each month, but that this was difficult because respondent would not record all transactions, would use counter checks instead of those provided for their account, and would not report deposits. When petitioner questioned respondent about the entries, they would argue and he would beat her. Respondent admitted that he did not always tell petitioner about a deposit but testified that he always made a notation in the check register, and that petitioner would ask him about them when reconciling the checkbook.

Respondent discussed their financial situation with petitioner, including the loans, but petitioner testified that what memory she has of these discussions is not enlightening. Respondent also claimed that the bank for which he works would reimburse him in cash for performing repossessions and for business expenses such as client lunches. Petitioner testified that she never paid attention to their tax returns, but signed them at respondent’s direction.

One child, a son, was born of the marriage, on November 1, 1985, and no children were adopted. Petitioner was granted temporary custody of the son by an agreed order in January 1988, and the trial court granted permanent custody to her in the judgment of dissolution. Respondent was granted visitation on alternate weekends, from 7 p.m. Friday until 6 p.m. Sunday. During 1988 respondent filed several emergency petitions to enforce this provision of the agreed order. Petitioner defended against the first that she had refused visitation because their son had been ill and because the son was calling respondent’s live-in girlfriend “Mother.” An agreed order was entered that visitation would be maintained and the son would be instructed not to call anybody except petitioner “Mother.” In response to the second and a third petition for violation of visitation, petitioner was ordered to adhere to the established visitation schedule. Respondent was ordered to pay petitioner accrued child support.

Respondent filed a fourth petition for rule to show cause against petitioner in September 1988, to enforce the visitation agreement. Petitioner responded and moved for modification of the visitation schedule due to respondent’s failure to pick up the son as scheduled, respondent’s physical abuse of petitioner, respondent’s having struck petitioner’s father with his car, respondent’s leaving the son on the doorstep without ringing the bell, and the son’s “upset, morose and withdrawn” state when returned to petitioner following time spent with respondent. Respondent responded to petitioner’s petition for modification with countercharges of her lack of cooperation.

The first nonparty witness called at trial on December 6, 1988, was the bank employee who had verified petitioner’s signature on a letter requesting her IRA at another bank to be closed. The bank employee testified that she was a co-worker of respondent’s and that she could not recall the details of that particular letter, although on occasion she might guarantee the signature of a bank officer’s relative at his request without verifying the signature. Respondent stated when giving testimony that he prepared the letter and that petitioner had signed it at his request. Petitioner testified that she did not sign the letter or otherwise authorize the closure of her IRA.

Upon discovering that the IRA was closed, petitioner contacted another officer of the bank, who testified in response to subpoena that she investigated the situation and was told by respondent that he had signed petitioner’s name to the letter but that petitioner had authorized it. She testified that respondent told her that the money was needed to pay marital debts and she subsequently determined that the money had been placed into the joint checking account and used to honor checks drawn by both respondent and petitioner. At this time her investigation was terminated. The trial judge noted that while the bank employee and bank officer were testifying, respondent “refused to look at them and turned his back on them.”

Respondent was called by petitioner as an adverse witness pursuant to section 2 — 1102 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 1102). He testified about the letter requesting that petitioner’s IRA be closed and the money sent to respondent’s mother’s address; his relationship with a woman named Barbara “Lush” or “Losh,” whom he first stated he did not know but later admitted seeing frequently at his health club; and the couple’s financial situation, including the growth of their consumer debt during the period from 1984 to 1988. Petitioner then testified as to the couple’s financial situation and the problems with visitation. Petitioner also testified that respondent abused her, beat her monthly, burned her face, and threw her out of a car. Respondent testified on his own behalf that he had to file petitions to force petitioner to abide by the visitation schedule and gave further details about the couple’s financial situation and style of living and the loans retired and loans outstanding.

Judgment of dissolution was entered on June 2, 1989.

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Cite This Page — Counsel Stack

Bluebook (online)
557 N.E.2d 222, 197 Ill. App. 3d 966, 145 Ill. Dec. 452, 1990 Ill. App. LEXIS 597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/szesny-v-szesny-illappct-1990.