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12/29/89 In Re Marriage of Adeline Westerlund

December 29, 1989

IN RE MARRIAGE OF ADELINE WESTERLUND, PETITIONER-APPELLANT,


APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION

and RICHARD WESTERLUND, Respondent-Appellee

549 N.E.2d 820, 193 Ill. App. 3d 56, 140 Ill. Dec. 169 1989.IL.2068

Appeal from the Circuit Court of Cook County; the Hon. James L. Harris, Judge, presiding.

APPELLATE Judges:

JUSTICE RIZZI delivered the opinion of the court. FREEMAN, P.J., and CERDA, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE RIZZI

Petitioner-appellant, Adeline Westerlund (Adeline), appeals from an order of the circuit court of Cook County which directed her to pay $2,000 of defendant-appellee Richard Westerlund's (Richard's) attorney fees. We affirm.

Adeline and Richard were married on September 21, 1963. One child was born to the marriage on December 22, 1966. Adeline filed her petition for dissolution of marriage on November 3, 1984, alleging that Richard was guilty of extreme and repeated mental cruelty.

At the bench trial conducted in 1987, the parties testified as follows with regard to their respective incomes and expenses. Richard testified that he was currently unemployed and had been since 1980. He further testified that his monthly income was a $331 government stipend, and that he borrowed $8,000 to finance a mobile home purchase. Richard testified that his monthly expenses included $300 for food, $100 for utilities, $50 for clothes, and $43 for personal expenses. He further testified that his outstanding medical bills totaled $3,074. Adeline testified that her gross income for the previous year was $16,500. In addition, an affidavit filed by Adeline in 1985 indicated that her net monthly income was $954, while her expenses totaled $860.

Following trial, the court entered a judgment for dissolution of marriage. The court ordered that the parties' marital property be divided as follows:

Adeline Item and Value Richard

$29,500 Marital Home -- $59,000 $29,500

$13,452 Joint Bank Account -- $27,084 $13,452

$5,815.50 IRA -- $11,631 ...


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