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06/08/88 In Re Marriage of Judith M. Flory

June 8, 1988

IN RE MARRIAGE OF JUDITH M. FLORY, PETITIONER-APPELLEE, AND


APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION

JAMES C. FLORY, SR., Respondent-Appellant

525 N.E.2d 1008, 171 Ill. App. 3d 822, 121 Ill. Dec. 701 1988.IL.894

Appeal from the Circuit Court of Cook County; the Hon. James L. Harris, Judge, presiding.

APPELLATE Judges:

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

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WHITE

Judith Flory petitioned for the dissolution of her marriage to respondent James Flory. The trial court granted the petition, ordered the division of the marital property, and awarded petitioner maintenance, health insurance, and $2,500 for attorney fees. Respondent appeals.

Petitioner married respondent on December 26, 1958. The parties had two children, and petitioner also helped respondent raise his three children from an earlier marriage. All of the children were emancipated before petitioner filed for divorce in September 1985. Petitioner works as a substitute teacher. During 1986 she earned a net income of approximately $6,250. Respondent worked for Illinois Central Gulf Railroad until October 1986, when he resigned and accepted an early retirement benefit of $38,055.80 after taxes. On his sixtieth birthday, in November 1987, respondent began to receive his benefits under the Railroad Retirement Act (45 U.S.C.A. § 231 et seq. (West 1986)). His benefits are approximately $1,250 per month. Petitioner, who is about 53 years of age, will receive a pension of $40 to $50 per month when she retires, and she will receive $368 per month in divorced spouse benefits under the Railroad Retirement Act. According to petitioner's affidavit, her expenses are approximately $2,000 per month, while respondent stated in his affidavit that his monthly expenses were approximately $1,100.

Respondent moved out of the marital home in September 1985, and he moved into Phyllis Macesich's home. Respondent purchased a Titan motor home in November 1985 for $15,000, making a down payment of $3,000. He testified at trial that Macesich supplied the $3,000, although her name does not appear on either the bill of sale or the purchase money security agreement. On October 1, 1986, respondent traded the Titan motor home for a Pace Arrow motor home. The dealer gave respondent a credit of $22,000 for the Titan against the $60,000 purchase price of the Pace Arrow. Respondent and Macesich purchased a Plymouth automobile in May 1968 for $14,000. Titles to both the Plymouth and the Pace Arrow are in both respondent's name and Macesich's name. On October 16, 1986, respondent gave Macesich a check for $3,900, which, according to his affidavit, was payment of past-due housing and auto costs, based on rents of $200 per month for his part of the home and $100 per month for use of the Plymouth. Macesich made the final payment for the Plymouth shortly after she received this check.

Petitioner testified that she had about $10,000 worth of health insurance coverage through her employment, but she was unable to obtain additional health insurance. Respondent's attorney admitted that petitioner could be covered under respondent's group policy through his former employer.

Petitioner inherited $17,700 from the estate of Garnett Stewart, and she inherited from her father a one-third interest in a trust valued at nearly $240,000. She spent more than $7,000 of the inheritance on living expenses prior to trial. At trial respondent agreed to pay $2,500 of petitioner's attorney fees.

The trial court dissolved the marriage on February 11, 1987. The court ordered:

"B. That the respondent shall make arrangements to have the petitioner covered by the Illinois Central Gulf Hospital Association, or other comparable insurance.

C. That non-marital property shall be disposed of as follows:

TO: Petitioner, JUDITH M. FLORY

Legacy from the Estate of G. [Stewart] $10,000.00

One-third (1/3) interest as beneficiary under

trust of her late father 79,963.00

$89,963.00

TO: Respondent, JAMES C. ...


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