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09/15/89 In Re Marriage of Joyce A. Gentry

September 15, 1989

IN RE MARRIAGE OF JOYCE A. GENTRY, PETITIONER AND


APPELLATE COURT OF ILLINOIS, THIRD DISTRICT

Counterrespondent-Appellee, and HAROLD W. GENTRY,

Respondent and Counterpetitioner-Appellant

544 N.E.2d 435, 188 Ill. App. 3d 372, 135 Ill. Dec. 939 1989.IL.1432

Appeal from the Circuit Court of Peoria County; the Hon. Brian Nemenoff, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE WOMBACHER delivered the opinion of the court. BARRY and STOUDER, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WOMBACHER

The respondent, Harold W. Gentry, appeals the trial court's order dividing the parties' marital property and awarding the petitioner, Joyce A. Gentry, maintenance. The respondent also questions the propriety of the amount and duration of the maintenance award.

The parties were married in 1963. They have two children as a result of their marriage, one of whom, Lynette, was emancipated by the time the proceedings were commenced, and the other, Todd, became emancipated after the trial court proceedings concluded, but prior to the commencement of these appeal proceedings.

Since 1965, Harold worked for Caterpillar, Inc., and he earned $3,936 a month, taking home $2,752.96. Joyce acquired a high school degree and attended Bob Jones University; however, she did not graduate due to a lack of credit hours. She worked in a clerical capacity during the first years of the marriage, but quit upon learning she was pregnant with their first child. Her principal vocation was as a housewife and mother; however, she occasionally volunteered outside the home.

Joyce was not without any monetary offering to this relationship. For instance, in 1979, Joyce inherited $11,940.46, which she contributed to the marital estate.

The parties formally separated on February 18, 1988. Thereafter, Joyce attended junior college to learn word processing transcription and data entry. She obtained a clerical job; however, the work was extremely sparse, so she continued to seek employment up to the time of hearing.

The parties' marital residence sold for $83,000, of which $63,700 was realized. The parties' other major assets include two automobiles, and an IRA worth $7,398, and other securities valued at $1,000. The parties' debts included $2,527 for credit cards and $3,989 for an automobile. The parties anticipated substantial debts to be incurred subsequent to this hearing, i.e., moving expenses and an upcoming wedding.

The parties resolved several issues prior to this hearing. Several issues remained and were submitted to the trial court for resolution. The trial court assigned the auto and credit card payments to Harold, and he was awarded the older automobile, the condition of which was in question. The trial court determined there was $99,141.75 in liquid assets between the parties, which included the amount realized from the sale of their residence. Each party was allocated $4,600 for respective attorney fees and $6,000 was set aside for Todd's first-year college expenses. This last amount was to be apportioned equally and after the first year, Harold was responsible for two-thirds of Todd's college expenses based ...


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