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08/26/87 In Re Marriage of Blanka Flosman

August 26, 1987

IN RE MARRIAGE OF BLANKA FLOSMAN, PETITIONER-APPELLANT AND


Before the court began to apportion the property, it restated the valuations of the properties at a hearing held on December 11, 1984. The parties again agreed to the stipulated values of $102,500 for the Cicero building, with no mortgage, and $400,000 for the Berwyn building; the court found that the net equity in the Berwyn property was $180,742. Blanka's attorney stated in his closing argument that Blanka sought to retain the Cicero property and he argued that she was entitled to 65% of the proceeds from the sale of the Berwyn property. The attorney did not disavow the previous agreements he had made that the cars and the furniture were worthless. Neither in closing argument nor in the petition for dissolution did Blanka seek any portion of Frank's pensions, nor did she present evidence or argument concerning the value of the pensions.

APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION

Cross-Appellee, and FRANK FLOSMAN,

Respondent-Appellee and Cross-Appellant

513 N.E.2d 879, 160 Ill. App. 3d 832, 112 Ill. Dec. 270 1987.IL.1244

Appeal from the Circuit Court of Cook County; the Hon. Michael S. Jordan, Judge, presiding.

APPELLATE Judges:

JUSTICE WHITE delivered the opinion of the court. RIZZI and FREEMAN, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WHITE

The trial court dissolved the marriage of petitioner Blanka Flosman and respondent Frank Flosman and it allocated the parties' assets. Both parties filed post-trial petitions for reconsideration of the property distribution and maintenance awards. The trial court entered orders disposing of both petitions for reconsideration. Blanka appeals from the original order and from the orders on reconsideration; Frank cross-appeals from the maintenance award ordered on reconsideration.

Blanka married Frank in 1955, and they had two children, Blanche and Frank George Flosman. Blanka filed her "Petition for legal separation or in the alternative dissolution of marriage" in January 1981. On January 23, 1981, the trial court entered a temporary restraining order which enjoined Frank from withdrawing savings from bank accounts in his name before February 2, 1981. In February the trial court renewed the temporary restraining order and it ordered Frank to pay Blanka $1,000 per month as unallocated maintenance and child support. In March 1981, Blank petitioned to have Frank held in contempt for his failure to pay her $1,000 for the month and for withdrawing $5,000 from his savings account on January 26, 1981. He sent a check for that amount to his brother, and they opened a joint account in Canada with the check. Before hearing on the contempt petition, Blanka discovered that Frank had withdrawn an additional $28,000 from his savings accounts. The court ordered Frank to place $22,306 in an escrow account, pay Blanka $3,256 as equalization for a part of the withdrawals, and pay $1,000 of Blanka's attorney fees.

In December 1981, Frank received notice that the factory at which he worked was permanently closing. On Frank's petition for modification of temporary maintenance, the trial court ordered Frank to pay Blanka 35% of his net income from all sources. The court allowed Frank to withdraw the $22,306 escrow account to meet his expenses prior to the end of trial.

Trial began in February 1983. The parties' principal assets were two apartment buildings. They stipulated that the three-unit apartment building in Cicero was worth $102,500, and there was no mortgage on the property. They also stipulated that the 32-unit apartment building in Berwyn was worth $400,000. The parties did not stipulate to the outstanding debt on the Berwyn property, nor did they stipulate to the net equity in that building.

Blanka testified that she lived with her 21-year-old son, Frank George, in one of the apartments of the Cicero property. Her 26-year-old daughter, Blanche, lived in the basement apartment and paid her $175 monthly rent. The tenants in the upstairs apartment paid her $330 per month. Blanka suffered from arthritis and mitral valve prolapse. The pain rendered her incapable of performing any physical work, and it caused her to leave her job as an assembly worker in 1978. She had not sought work or rehabilitation since 1978. She testified that her expenses were approximately $1,430 per month, and she had outstanding debts of $9,400.

Frank testified that he lived in one of the 32 units of the Berwyn property. He received unemployment compensation for six months after he lost his job in December 1981, but he had not sought work since his unemployment benefits were terminated. He should receive pension benefits of approximately $60 per month beginning in 1995. Neither ...


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