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05/11/89 In Re Marriage of David Allen Watling

May 11, 1989

IN RE MARRIAGE OF DAVID ALLEN WATLING,


APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

Petitioner-Appellant, and LAURETTA ANN WATLING,

Respondent-Appellee

538 N.E.2d 1274, 183 Ill. App. 3d 18, 131 Ill. Dec. 718 1989.IL.718

Appeal from the Circuit Court of Lake County; the Hon. Wallace B. Dunn, Judge, presiding.

APPELLATE Judges:

JUSTICE WOODWARD delivered the opinion of the court. UNVERZAGT, P.J., and NASH, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WOODWARD

Petitioner, David Watling (David), appeals from May 27, 1988, orders of the circuit court of Lake County. The first ruled that David is not the father of Rebecca Holtzman, but nevertheless, he must pay temporary child support from October 13, 1987, to February 22, 1988. The second order found him in contempt for failure to pay said support and committed him to the county jail until such time as he paid $250 in child support arrearage.

Initially, we find that respondent's motion to strike David's brief is unpersuasive, and we, therefore, deny said motion.

The parties were married on March 13, 1976. On October 13, 1987, after a prolonged trial, the trial court entered a judgment for dissolution of marriage dissolving the marriage, dividing certain property, and reserving issues of child support, permanent visitation, and sanctions pursuant to section 2-611 of the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 2-611). During the marriage, two children were born to respondent, Lauretta Watling (Lauretta). Rebecca was born on October 7, 1979, and Sarah Elizabeth was born on September 30, 1986. Sarah Elizabeth, in a separate Parentage Act of 1984 (Ill. Rev. Stat. 1985, ch. 40, par. 2510 et seq.) proceeding, was determined to be the daughter of Dr. Stephen Holtzman and Lauretta.

In 1978, Lauretta became involved in an affair with her employer, Dr. Holtzman. After Rebecca's birth in 1979, Lauretta spent more and more time with Holtzman so that David became the principal parent for Rebecca. In 1984, Holtzman obtained a divorce from his wife, and Lauretta sought a divorce from David, advising him that Rebecca was Holtzman's daughter. While this action was pending, Lauretta had physical custody of Rebecca, who would spend unspecified visitation periods with David.

On October 5, 1987, prior to the entry of the judgment for dissolution of marriage, Lauretta filed a petition for temporary child support for Rebecca, which contained the following paragraphs:

"2. That your Petitioner has always maintained the position thar [ sic ] DAVID ALLEN WATLING is not the father of said child.

3. That DAVID ALLEN WATLING has admitted under oath that he is not the father of Rebecca, and by stipulation of the parties, the result of blood tests have been admitted herein, which show the possibility that DAVID ALLEN WATLING is the father of said child is 0.00 percent and that ...


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