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In Re Marriage of Workman

OPINION FILED OCTOBER 22, 1980.

IN RE MARRIAGE OF DOROTHY WORKMAN, PETITIONER-APPELLEE, AND EDWARD H. WORKMAN, RESPONDENT-APPELLANT.


APPEAL from the Circuit Court of Cook County; the Hon. CHARLES J. GRUPP, Judge, presiding.

MISS PRESIDING JUSTICE MCGILLICUDDY DELIVERED THE OPINION OF THE COURT:

___ N.E.2d ___ On December 1, 1975, a judgment for divorce was entered by the Circuit Court of Cook County terminating the marriage of the petitioner, Dorothy Workman, and the respondent, Edward H. Workman. Incorporated in the judgment was a "Workman Marital Agreement" executed by both parties on December 1, 1975.

The sole issue raised in this appeal is whether a certain provision in the agreement was a property settlement award in lieu of alimony or periodic alimony.

The pertinent provisions of the agreement provided as follows:

"3. The Husband agrees to pay to the Wife, and the Wife agrees to accept, as and for her periodic payments, and as and for the support and maintenance of WILLIAM, the following sums upon the following terms and conditions:

(a) Seventy-Five Dollars ($75.00) per week commencing upon the effective date of this Agreement, and a like sum on the same day of each week thereafter until the first to occur of the following events:

(i) the Wife's death, or

(ii) William has attained the age of 18 years and has completed his high school education or has ceased to attend. *fn1

(b) If the Wife is alive upon the occurrence of the event set forth under sub-paragraph (ii) above then the Husband shall pay to the Wife the sum of Sixty Dollars ($60.00) per week until the first to occur of the following events:

(i) the Wife's death, or

(ii) sixty (60) months from the effective date of this agreement.

(c) In addition to the foregoing periodic payments the husband agrees to pay to the Wife upon the expiration of the aforesaid sixty (60) month period the sum of Six Thousand Dollars ($6,000.00).

13. To the fullest extent by law permitted to do so, the Wife agrees that in the event either party obtains a judgment for divorce from the other in any court of competent jurisdiction, the Wife shall ask the permission of the Court to be allowed to waive any claim or right to alimony and support from the Husband, past, present or future."

On October 7, 1977, the petitioner filed a petition for a rule to show cause why the respondent should not be held in contempt of court for failure to pay her $60 a week as ordered in the judgment for divorce. The petitioner alleged that the respondent had made no payment since January 5, ...


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