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05/13/87 In Re Marriage of Mary D. Morrisroe

May 13, 1987

IN RE MARRIAGE OF MARY D. MORRISROE, F/K/A MARY D. TYLENDA,


APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

and n/k/a Mary Diane Haley, Petitioner-Appellee, and

JAMES J. MORRISROE, Respondent-Appellant

508 N.E.2d 464, 155 Ill. App. 3d 765, 108 Ill. Dec. 303 1987.IL.623

Appeal from the Circuit Court of Lake County; the Hon. George W. Pease, Judge, presiding.

APPELLATE Judges:

JUSTICE WOODWARD delivered the opinion of the court. HOPF and DUNN, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WOODWARD

Petitioner, Mary Diane Haley, F/K/A Mary D. Morrisroe, filed an amended petition seeking post-decree relief against the respondent, her former husband, James J. Morrisroe. The petition sought reimbursement and payment for medical and education expenses and an increase in child support for the parties' two minor children. The amended petition also sought to have the respondent held in contempt of court for failure to comply with a previous court order; however, that count was dismissed prior to hearing. Following a hearing, the trial court increased child support from $175 per week to $1,250 per month; awarded petitioner a judgment against the respondent in the amount of $4,265.63 for medical expenses; ordered the respondent to continue paying the orthodontist and periodontist bills for the minor children; ordered the respondent to provide hospitalization insurance coverage for the minor children and pay all extraordinary medical, dental, psychiatric, and psychological expenses for the minor children; and entered a judgment for petitioner and against the respondent in the amount of $5,790.26 for the arrearages in child support and insurance premium payments. Respondent appeals.

On appeal, respondent raises the following issues: whether there was sufficient evidence to justify the increase in child support, and whether certain letters introduced as evidence of the extraordinary medical expenses incurred by the petitioner on behalf of the minor children were properly admitted.

The parties were divorced in 1977. The petitioner received custody of the parties' two minor children, Jamie Marie, then age six, and Andrew John, then age three. Because the respondent had no income at the time of the divorce, no child support was awarded. However, the respondent was required to pay for the extraordinary medical expenses of the minor children.

Prior to the divorce, the parties were involved in two businesses, namely, Junior Cheerleading Association of America and Junior Cheerleading Uniform Service. Following the divorce, the parties each formed their own company, marketing uniforms by mail order.

On October 30, 1979, the respondent was ordered to pay the sum of $80 per week for child support based upon the petitioner's net annual earnings of $12,000 and the respondent's net annual earnings of $15,000. The respondent was also ordered to obtain comparable hospitalization insurance for the minor children and to reimburse the petitioner for the cost of maintaining such coverage until he secured the hospitalization insurance.

On November 5, 1982, the trial court ordered the child-support payments increased to $175 per week. The respondent was also ordered to obtain a medical insurance policy to cover the needs of the minor children and to continue to reimburse petitioner for the cost of the premiums until he had obtained the coverage. On February 20, 1985, petitioner filed an amended petition seeking reimbursement for educational and extraordinary medical expenses for the minor children not covered by insurance, an increase in child support, and payment of the arrearages in child support and insurance premiums. On April 16, 1985, by leave of court, petitioner filed a list of the qualifications of the various doctors, teachers, and social workers who were treating the parties' minor son, Andrew.

On January 24, 1986, the hearing on the amended ...


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