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02/11/88 In Re Marriage of Phillip A. Wassom

February 11, 1988

IN RE MARRIAGE OF PHILLIP A. WASSOM, PETITIONER-APPELLANT,


APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

and SHIRLEY K. DIEHL, F/K/A Shirley K. Wassom,

Respondent-Appellee

519 N.E.2d 1147, 165 Ill. App. 3d 1076, 116 Ill. Dec. 932 1988.IL.193

Appeal from the Circuit Court of Champaign County; the Hon. George S. Miller, Judge, presiding.

APPELLATE Judges:

JUSTICE KNECHT delivered the opinion of the court. GREEN, P.J., and McCULLOUGH, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE KNECHT

The parties were divorced on August 11, 1983. Under a marital settlement agreement reached in 1984, the circuit court of Champaign County awarded Phillip A. Wassom (Wassom) custody of the two minor children, and his former wife Shirley K. Diehl (Diehl) was ordered to pay child support. Diehl was granted monthly visitation rights. When Diehl lost her job, the trial court, on May 6, 1985, modified the support order and instructed Diehl, upon gaining employment, to begin child support payments equal to 25% of her net pay. The trial court found both Wassom and Diehl in indirect civil contempt for their wilful violation of previous orders on December 23, 1986. Diehl had obtained employment but failed to report her income and pay 25% of it to child support. Wassom had denied Diehl her visitation rights. Later the trial court found both parties had purged themselves of contempt. Accordingly, no sentence was imposed and attorney fees were denied. Wassom appeals the trial court's finding that Diehl had purged herself of contempt, the court's denial of attorney fees, and the court's refusal to state the child support level in dollar amounts. We affirm in part, reverse in part and remand.

On January 31, 1984, the parties entered into a marital settlement agreement which was incorporated into a judgment. The agreement required Diehl to pay $50 per month in child support for each of her children and to furnish Wassom with copies of her yearly income tax returns and W-2 forms. Diehl later petitioned the trial court for modification of the judgment due to her then unemployed status. On May 6, 1985, the court granted her petition in part and instructed her to diligently look for employment. Diehl was instructed to immediately notify Wassom or his attorney in writing when she obtained employment and to provide the amount of her gross and net income from such employment. The amount of child support payments was to equal 25% of her net pay. Wassom was awarded attorney fees.

Subsequently, both parties filed petitions to modify the 1984 judgment and 1985 order. In addition, Diehl petitioned the circuit court to enter a finding of contempt against Wassom for his refusal to comply with the visitation provisions of the 1985 order. Wassom's petition alleged Diehl had paid only $85 in child support since the 1985 order was issued. He requested the child support figure be modified to the dollar amount of $100 per month. Wassom filed a similar petition for a finding of contempt against Diehl for her failure to provide Wassom with copies of her tax returns and W-2 forms, her failure to notify Wassom of any employment she obtained and the amount earned from such employment, her failure to pay 25% as child support and her failure to reimburse Wassom for previous attorney fees.

On December 23, 1986, the trial court heard testimony on these petitions and made the following findings:

"

[2.] The Order of this Court entered on May 6, 1985, is unambiguous with respect the [ sic ] obligations of Defendant with regard to reporting income and paying child support.

[3.] The Order of this Court entered May 6, 1985, does not require notice of intent to exercise visitation rights or provide for waiver of visitation ...


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