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12/15/89 In Re Marriage of Barbara Ann Hardy

December 15, 1989

IN RE MARRIAGE OF BARBARA ANN HARDY, PETITIONER-APPELLANT,


APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT

and BOBBY JOE HARDY, Respondent-Appellee

548 N.E.2d 139, 191 Ill. App. 3d 685, 138 Ill. Dec. 909 1989.IL.1964

Appeal from the Circuit Court of St. Clair County; the Hon. Roger Scrivner, Judge, presiding.

APPELLATE Judges:

JUSTICE GOLDENHERSH delivered the opinion of the court. RARICK, J., concurs. JUSTICE CHAPMAN, Dissenting.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE GOLDENHERSH

On July 1, 1981, the St. Clair County circuit court dissolved the parties' marriage. The court ordered respondent, Bobby Joe Hardy, to pay child support for each of his minor children at $70 per week per child. In addition, the court ordered that in the event respondent received any increase in income, he must pay 35% of any said increase to petitioner, Barbara Ann Hardy, as child support. Respondent must also pay any and all medical expenses incurred by the children. On June 11, 1986, petitioner filed a petition for citation of contempt of court against respondent for failing to pay child support and unreimbursed medical expenses. Petitioner also requested the court award attorney fees and costs. On July 18, 1986, respondent filed a petition to modify child support payments, requesting a decrease in respondent's monthly support payment.

The circuit court held a consolidated hearing on the petitions. The court's order of August 28, 1986, found respondent in arrears on child support in the amount of $15,500, and medical expenses in the amount of $700, and issued a judgment in favor of petitioner against respondent. The court also entered judgment against respondent in the amount of $400 for attorney fees incurred by petitioner in pursuing said citation for contempt. The court further ordered:

"4) That due to Bobby Joe Hardy's economic condition and substantial change in circumstances execution is stayed on the child support arrearages and the unreimbursed medical expenses until further order of the Court;

5) That due to a substantial change in circumstances as of September 1, 1986 Bobby Joe Hardy shall pay the sum of $600.00 per month, nondivisible and nonallocated child support, said amount to be paid in equal installments of $300.00 bimonthly through the Clerk of the Circuit Court of St. Clair County;

6) That during the month of September, 1987 this Court shall review this order in regards to child support payments and liquidation of the arrearages as heretofore entered."

Petitioner contends on appeal that the trial court erred in several respects:

"(1) in refusing to find respondent in contempt for failure to pay ...


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