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05/11/89 In Re Marriage of Barbara L. Adams

May 11, 1989

IN RE MARRIAGE OF BARBARA L. ADAMS, PETITIONER-APPELLANT,


APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

and CARL VICTOR ADAMS, Respondent-Appellee

538 N.E.2d 1286, 183 Ill. App. 3d 296, 131 Ill. Dec. 730 1989.IL.714

Appeal from the Circuit Court of Vermilion County; the Hon. Joseph C. Moore, Judge, presiding.

APPELLATE Judges:

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

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE KNECHT

The circuit court granted a dissolution of the parties' marriage on October 2, 1987. On June 7, 1988, the circuit court entered a supplemental order in which it found the dissipation of assets alleged by petitioner, Barbara Adams, was not supported by the evidence. Petitioner alleged respondent misspent a portion of his wages on a weekly basis. The court found respondent, Carl Adams, was not obligated to keep a weekly record of how income from employment was spent. The circuit court also did not find that any improvements made to non-marital property were in issue because petitioner did not present any evidence as to appreciation of respondent's non-marital property by virtue of the improvements. Petitioner appeals from the circuit court's supplemental order.

Petitioner and respondent were married on June 8, 1985. The marriage was dissolved on October 2, 1987. The parties lived together for approximately two years before they were married. A child of Barbara's from a previous marriage lived with the couple for at least a portion of their marriage. During the course of the marriage, according to Carl, his weekly take-home pay was approximately $417.

Barbara testified she knew both before the marriage and at the beginning of the marriage that Carl drank. Barbara stated for approximately one year before their marriage and approximately three to six months after their marriage, Carl did not visit taverns. According to Carl, for approximately one year prior to their marriage he and Barbara visited bars once every month or two and he went without her "all the time," then stopped when they were married. Carl said he visited bars only infrequently during the first year of the marriage. Barbara testified that when Carl began frequenting bars during their marriage, he would go every day directly from work at approximately 3:30 p.m., and would not return home until 9:30 p.m. or later. She said Carl also visited bars on weekends, arriving in the morning and staying until closing the next morning. Carl did not dispute this testimony.

Carl and Barbara were separated on three different occasions during the marriage, according to Barbara. Barbara could not remember when they separated first, but did say she had left for one month. Barbara said she again left Carl on a second occasion, for two or three months. Finally, Barbara left Carl in July 1987 on a third occasion and did not return

The following is a breakdown of Carl's net income and expenditures during the two years and four months of the marriage:

Respondent's net income: approximately $50,040

Respondent's expenditures: approximately $450/month for the

following: house mortgage payment

($190), electricity, telephone, water,

sewer, gas, cable television, garbage

collection

$4/week for credit union ...


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