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02/09/89 In Re Marriage of Abbie Louise Emery

February 9, 1989

IN RE MARRIAGE OF ABBIE LOUISE EMERY, PETITIONER-APPELLANT,


APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

and EARL DOUGLAS EMERY, Respondent-Appellee

534 N.E.2d 1014, 179 Ill. App. 3d 744, 128 Ill. Dec. 569 1989.IL.160

Appeal from the Circuit Court of Coles County; the Hon. James R. Watson, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE McCULLOUGH delivered the opinion of the court. LUND and GREEN, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCCULLOUGH

This appeal concerns a judgment entered in the marriage dissolution proceedings between the petitioner Louise Emery (Louise) and respondent Earl Emery (Earl). Louise claims errors in the (1) division of marital property and indebtedness; (2) the lack of a maintenance award; and (3) the award to Earl of the income tax exemption for their minor child. We agree and reverse.

The order of dissolution of the 16 1/2-year marriage of Louise and Earl, effective May 15, 1986, was entered on June 5, 1986. At that time, Louise was 55 years old and Earl was 59 years old. One child was born to them during the marriage in 1973. Sole custody of the child was awarded to Louise. No issue is raised regarding custody or child support.

At the time of the dissolution, Louise and Earl entered into a stipulation, which was ratified by the court and made effective as of May 15, 1986. Among other matters, the stipulation provided that Louise would have exclusive possession of the marital residence during the pendency of the proceedings; that Earl would pay certain marital debts during the proceedings; and that Earl was to pay Louise $180 per week as temporary and partial child support and maintenance. The stipulation also stated that it was not considered by the parties to be a final division or judgment as to marital property or debts and would not be considered when a final judgment as to property, debts, child support, maintenance, and any other marital rights was entered.

After a hearing on March 19, 1987, the court entered a supplemental judgment on June 11, 1987. This judgment awarded custody of the child to Louise and ordered Earl to pay $100 per week in child support. This judgment also divided the marital property between the parties as follows:

Property Louise Earl

Marital Residence

(Net Value) $2,553.58 0

Cash (Vacation Fund) $0 $778.13

Household Items $3,600.00 to $7,635.00* 0

Pension** $7,284.27 $14,568.55

TOTALS $13,437.85 to $17,472.85 $15,346.68

The pension amount awarded to Louise represents one-third of its value and is paid to Louise by Earl in monthly installments of $106.96, including 9% interest, beginning June 15, 1987, and terminating on June 8, 1995. Louise was ordered to pay the mortgage payments on the marital ...


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