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In Re Marriage of Thornton

OPINION FILED OCTOBER 17, 1985.

IN RE MARRIAGE OF ELIZABETH THORNTON, PETITIONER-APPELLANT, AND EDMUND B. THORNTON, RESPONDENT-APPELLEE.


Appeal from the Circuit Court of Cook County; the Hon. James J. Meehan, Judge, presiding.

PRESIDING JUSTICE JIGANTI DELIVERED THE OPINION OF THE COURT:

Rehearing denied December 18, 1985.

This is the second appeal concerning the disposition of marital property in the divorce proceedings between the petitioner, Elizabeth M. Thornton, and the respondent, Edmund B. Thornton. In 1977, the circuit court dissolved the parties' marriage and later in 1978, entered judgment on the property, maintenance and child support issues. In the initial distribution of marital property, Elizabeth was awarded a substantially smaller portion of the marital property than that which was awarded to Edmund. Elizabeth was also awarded approximately $48,000 a year in unallocated child support and maintenance. We reversed the award of maintenance/child support and the division of marital property and remanded to the trial court with instructions that Elizabeth receive a greater share of marital property and/or maintenance/child support. In re Marriage of Thornton (1980), 89 Ill. App.3d 1078, 412 N.E.2d 1336.

At the second hearing before the trial court, Elizabeth received approximately 62% of the marital property. She was also awarded $48,000 a year in maintenance and child support with provisions that it be reduced by $500 per month as each of the four minor children either finished high school or turned 18 years old, whichever occurred later. Elizabeth appeals from the result on remand.

Elizabeth first challenges the division of marital property. Elizabeth argues that the trial court in effect awarded her a lesser amount of marital property, in violation of this court's mandate to award her a greater share of the marital property than Edmund, as the assets she received produced little income in comparison to the assets awarded to Edmund.

In 1978, the trial court initially distributed the parties' property as follows:

1978 JUDGMENT

EDMUND B. THORNTON'S NON-MARITAL PROPERTY:

Ottawa Silica Co. stock:

510 shares, Common $51,510.00 570 shares, 2nd Preferred 16,920.00 Thornwood Estate 250,000.00 Interests in 10 "family" trusts: undetermined ____________ TOTAL: $318,430.00

ELIZABETH THORNTON'S NON-MARITAL PROPERTY:

Securities $68,000.00 Jewelry and Furs 61,000.00 Furniture and Auto 7,000.00 Checking and Savings Accts. 850.00 ___________ TOTAL: $136,850.00

MARITAL PROPERTY TO ELIZABETH TO EDMUND

Miscellaneous Securities $7,512.00 $7,512.00 Pension and Profit Sharing 109,000.00 Calif. proceeds (Diamond J) 35,500.00 35,500.00 Four automobiles 6,200.00 Houseboat 7,500.00 Three La Salle Co. Farms 233,600.00 Coin Collection undetermined Stamp Collection undetermined Gun Collection undetermined Cash 20,000.00 Indebtedness $290,540.00 Household Furnishings * * Life Insurance * * ________________________________

ELIZABETH THORNTON'S MARITAL PROPERTY: $63,012.00 __________ EDMUND B. THORNTON'S MARITAL PROPERTY: $108,772.00 ___________ ELIZABETH THORNTON'S TOTAL PROPERTY: $199,862.00 ___________ EDMUND B. THORNTON'S TOTAL PROPERTY: $427,202.00 _________________________________________________________________

In 1983, the second distribution on remand was made accordingly:

1983 JUDGMENT

ELIZABETH THORNTON'S NON-MARITAL PROPERTY:

1. Cash in Bank Acct. $1,886.00 2. Merrill Lynch Cash Mgmt. Acct. 165,661.00 3. El Paso Natural Gas stock 235.00 4. Englehart Minerals stock 188.13 5. Philbro stock 3,414.13 6. Ottawa Silica Company stock 1,200.00 7. Mercedes Auto 12,000.00 8. Jewelry 106,300.00 9. Inherited Furniture 1,230.00 10. Debt to ...


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