Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In Re Marriage of Amato

OPINION FILED JANUARY 21, 1980.

IN RE MARRIAGE OF BETTE A. AMATO, PETITIONER-APPELLANT, AND JOSEPH AMATO, RESPONDENT-APPELLEE.


APPEAL from the Circuit Court of Lake County; the Hon. JOHN J. KAUFMAN, Judge, presiding.

MR. JUSTICE SEIDENFELD DELIVERED THE OPINION OF THE COURT:

Bette A. Amato (the wife) appeals from the portion of the judgment entered November 6, 1978, dissolving her marriage to Joseph Amato (the husband), relating to the disposition of property, the failure to award maintenance or adequate child support and the order of visitation.

The parties were married in 1962 and had three children, James, Thomas and Angele, whose ages at time of trial were 16, 14 and 13, respectively. The wife at time of trial was 44 and the husband 70 years of age.

The petition for dissolution was filed on June 6, 1978, and was uncontested as to the grounds for dissolution. The issues on appeal concern the division of property and the questions of maintenance and child support. The parties are in substantial agreement as to the value and extent of the following marital and non-marital assets:

Harvard Race Track Property consisting of approximately 19 acres $ 85,500

Two residential lots in Woodstock ("Big Foot") 15,000

28 acres in the city of Woodstock 560,000

80 acre farm property and buildings in Harvard 200,000

Residence of the parties in Barrington 328,000

Various shares of corporate stock 3,500

The court found that the Big Foot lots and the 28 acres in Woodstock were non-marital property of the husband. It further found that the Harvard farm and Race Track were marital property and ordered them sold, with the proceeds to be divided equally between the parties. The court also found that the Barrington residence was the husband's non-marital property but that Bette and the children could reside there until Angele reaches age 22. It was further provided that if the husband dies before Angele reaches that age the residence would be sold and the proceeds placed in trust, the income to be used for the support and education of the children, the corpus to be distributed to the children equally when Angele reaches 22. The court ordered the husband to pay the real estate taxes and fire insurance on the property while he ordered the wife to pay for maintenance and utilities.

Another asset of the parties was the McHenry County Tobacco Company, which was operated as a family business and provided much of the family income. In 1975, the husband conveyed the business to the wife apparently as an accounting procedure to allow the husband to receive social security. The wife testified that she paid the husband the stated consideration of $37,925 but that this was nearly all used for family expenses. In 1978 the wife sold the business for $60,000, receiving a $10,000 down payment with the balance payable in 5 years in monthly payments of $908.30. She testified that she had run the business since 1968; but the husband testified that he managed it and drew $300 in weekly salary from it until 1976. The court found that the proceeds of the McHenry County Tobacco Company was separate property of the wife.

Other assets included three automobiles, jewelry, extensive household furnishings, two horses, snowmobiles and various personal items. The wife also testified that she took $16,000 in cash from a joint safety deposit box in August 1976, which was used for family expenses.

The wife testified to the family living expenses which totaled $84,000 a year. She received $336 a month from the husband's social security in addition to the monthly ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.