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In Re Marriage of Belluomini

OPINION FILED FEBRUARY 1, 1982.

IN RE MARRIAGE OF MARY A. BELLUOMINI, PETITIONER-APPELLANT, AND STEVEN R. BELLUOMINI, RESPONDENT-APPELLEE. — (LOLA BELLUOMINI, INTERVENING PETITIONER.)


APPEAL from the Circuit Court of Cook County; the Hon. RENEE GOIER, Judge, presiding.

JUSTICE GOLDBERG DELIVERED THE OPINION OF THE COURT:

Rehearing denied March 8, 1982.

Mary Belluomini (petitioner) appeals from an order which made dissolution of her marriage to Steven R. Belluomini (respondent) effective June 8, 1980, and from the amount of maintenance and child support she was awarded.

The factual background of the instant case is fully set forth in our previous opinion Belluomini v. Belluomini (1979), 73 Ill. App.3d 836, 392 N.E.2d 669. In brief summary, respondent lives in San Francisco, California, with Lola Belluomini, his wife of over 30 years. The couple has three children. Respondent made recurrent business trips to Chicago. He met petitioner, who was employed as a cocktail waitress at a Chicago hotel. They eventually became "closely intimate." Petitioner became pregnant. A child, Jeffrey, was born on May 19, 1974. Despite his valid marriage to Lola, respondent went through a marriage ceremony with petitioner in November of 1973. The parties never established a common residence.

In the original proceedings in the trial court, petitioner's request for a divorce was denied and respondent's request for an annulment was granted. The judgment was entered March 11, 1977. In addition, by supplemental judgment on June 15, 1977, the trial court granted petitioner $75 a week in child support for Jeffrey.

In our previous opinion, we found petitioner married respondent without knowledge of his previous marriage. Therefore, petitioner was the "injured party" under the law of Illinois then in effect (Ill. Rev. Stat. 1975, ch. 40, par. 1), and was entitled to her election of a divorce or annulment. (Belluomini v. Belluomini (1979), 73 Ill. App.3d 836, 840-41). Because petitioner had chosen divorce, we reversed the order which had granted an annulment. The trial court was directed to enter a judgment for divorce, to "consider allowance of alimony to [petitioner] and to determine the nature, amount and duration of such allowance." (73 Ill. App.3d 836, 843.) We affirmed all other aspects of the judgment. Our opinion was filed July 2, 1979.

On remand, Lola Belluomini intervened (Ill. Rev. Stat. 1979, ch. 110, par. 26.1) seeking to protect her interest in the respondent's assets and income. (See Ill. Rev. Stat. 1979, ch. 40, par. 305.) She submitted an affidavit attesting to the monthly expenses of her household. She estimated the total monthly expenditure at approximately $3,900. Included in her statement were the law school tuition and living expenses of her 24-year-old daughter, of approximately $8,500 annually, and tuition of $2,440 per year for the parochial school attended by her youngest daughter. Her affidavit also included rent of $700 per month, and a $750 monthly clothing allowance for herself and respondent.

Petitioner also submitted an affidavit representing her "proposed" monthly expenditures. She estimated the total of her and Jeffrey's expenses to be $1,778 a month. Included in her estimate were $350 monthly rent, $200 in automobile maintenance, and $200 for Jeffrey's tuition at a parochial school.

At the alimony hearing the following evidence was adduced. Respondent was 53 years old and had an average annual income of approximately $49,500. He also owns a vested interest in a profit sharing trust sponsored by his employer. The value of the trust at the time of trial was approximately $53,000. He does not own an automobile, stocks, bonds or real estate.

Petitioner, 36 years old on the date of the hearing, lives with her son in the home of her parents. She has lived there since 1972. She and her parents are owners of record of the home, but her parents have made all the mortgage payments. Petitioner does not make regular contributions to the household. She contributes some money for rent and food only when she is able.

Since 1968 petitioner has suffered from recurrent benign breast tumors. She has undergone seven operations to remove these tumors. Petitioner has also suffered from a respiratory ailment, pseudomonas, and has been diagnosed to have a heart murmur. At time of trial, however, petitioner was not under medication for either condition. Petitioner estimated her personal medical expenses to be $30 a month. She has not been gainfully employed since 1974, and does not have an automobile, money, or other assets. She is totally dependent for support on her parents, and on support payments by respondent.

Jeffrey was born with a congenital partial paralysis of the pupil of his left eye. He requires special glasses and regular medical supervision. Petitioner estimated her medical expenses on behalf of Jeffrey at $50 a month. Jeffrey currently attends a Chicago public school, but petitioner wishes him to attend a parochial school near their home.

The judgment for divorce presently appealed from became effective by its terms as of June 8, 1980. In addition the trial court awarded petitioner an unallocated sum of $450 per month as alimony and child support through the minority of Jeffrey pending petitioner's death or remarriage, and attorney fees. The trial court also found respondent was then currently in arrears $3,011 in child support payments which accrued pursuant to the supplemental judgment of June 15, 1977. The trial court rejected petitioner's contention that respondent was in arrears an additional $2,819. The court likewise declined to assess interest on the arrearage, and rejected petitioner's contention that the original order entered July 30, 1975, required respondent to pay petitioner 15% of his annual bonuses received past 1976.

In this court petitioner contends the trial court's determination of alimony and child support was inadequate and unjust considering the respective conditions of the parties. Petitioner argues the trial court should have made the dissolution of marriage effective March 11, 1977, rather than July 8, 1980; she is entitled to reasonable alimony or maintenance effective as of March 11, 1977; the trial court erroneously computed the child support arrearage due petitioner; the order specifying unallocated child support and alimony was ...


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