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11/18/88 In Re Marriage of Rhonda Scordo

November 18, 1988

IN RE MARRIAGE OF RHONDA SCORDO, PETITIONER-APPELLEE, AND


APPELLATE COURT OF ILLINOIS, THIRD DISTRICT

MICHAEL SCORDO, Respondent-Appellant

530 N.E.2d 1170, 176 Ill. App. 3d 269, 125 Ill. Dec. 761 1988.IL.1675

Appeal from the Circuit Court of Bureau County; the Hon. John David Zwanzig, Judge, presiding.

APPELLATE Judges:

JUSTICE SCOTT delivered the opinion of the court. HEIPLE and WOMBACHER, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE SCOTT

The respondent, Michael Scordo, appeals from a denial of his petition to terminate maintenance and from a finding that he was in contempt of court for failure to pay maintenance. We affirm.

On June 24, 1985, the petitioner, Rhonda Scordo, filed a petition for the dissolution of her marriage to the respondent. In her petition she alleged that the respondent was 34 years old and self-employed, and that she was 34 years old and unemployed. She also stated that three children had been born to the couple during the marriage.

After a contested hearing held on May 28, 1986, the trial Judge issued a temporary order ordering the respondent to pay $250 a week for child support and maintenance, the mortgage payment on the marital residence, and certain other miscellaneous bills. Following the hearing the parties reconciled and on July 17, 1986, the order was vacated.

The petitioner reinstituted proceedings on January 21, 1987. On February 3, 1987, an agreed order was entered stating that the respondent must pay $125 a week in child support and maintenance. At a later hearing on February 20, 1987, the parties stipulated to some issues and left open the issue of child support and maintenance. The court dissolved the marriage and ordered the respondent to pay $130 a week in child support and maintenance.

At a hearing on July 13, 1987, the petitioner transferred physical custody of the children to the respondent. The court ordered the respondent to pay $100 a week in maintenance for a period of one year. On October 23, 1987, a supplemental judgment of dissolution was entered. The court ordered the respondent to pay $1,500 in unpaid maintenance dating from July 13, 1987, to the date of the hearing, $130 in unpaid child support, $266 for one-half of the petitioner's telephone bill, and certain other miscellaneous bills. The question of the permanent custody of the children and additional maintenance was set for July 13, 1988.

On November 16, 1987, the petitioner filed a petition for a rule to show cause alleging that the respondent had failed to pay the maintenance, child support, and telephone bill as ordered by the court. On December 7, 1987, the respondent filed a petition to terminate maintenance alleging that since July 13, 1987, the parties had undergone a substantial change in circumstances because the respondent had received custody of the children and the petitioner had obtained employment.

At a hearing on the petitions, the petitioner testified that she had not received the maintenance, child support, and telephone bill payments that had been ordered by the court. She stated that she presently worked in the evenings as a waitress. Her income from her job varied from $9 to $25 a week.

The petitioner further testified that she attended school five days a week from 9:30 a.m. to 2 p.m. She anticipated receiving a certificate in word processing in May of 1988. In June of 1988, she expected to ...


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