Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In Re: the Marriage of Elizabeth H. Jensen

May 6, 2013

IN RE: THE MARRIAGE OF ELIZABETH H. JENSEN,
PETITIONER-APPELLEE,
AND
PHILLIP M. JENSEN, RESPONDENT-APPELLANT.



Appeal from Circuit Court of Coles County No. 09D134 Honorable Teresa K. Righter, Judge Presiding.

The opinion of the court was delivered by: Justice Holder White

Carla Bender 4th District Appellate

JUSTICE HOLDER WHITE delivered the judgment of the court, with opinion. Presiding Justice Steigmann and Justice Pope concurred in the judgment and opinion.

OPINION

¶ 1 In January 2011, the trial court entered an order dissolving the marriage of petitioner, Elizabeth H. Jensen, and respondent, Phillip M. Jensen. Following an August 2011 hearing, the court allocated the parties' various assets, including a $327,950 investment retirement account (IRA) with Richard, Merrill & Peterson, held in Phillip's name. In May 2012, the court modified its original order, (1) finding Phillip dissipated approximately $14,000 in marital assets, and (2) increasing the amount of the IRA awarded to Elizabeth from 50% to 62%.

¶ 2 Phillip appeals, arguing the trial court (1) abused its discretion by allocating approximately 55% of the total marital estate to Elizabeth, and (2) erred by finding Phillip dissipated approximately $14,000 in marital assets.

¶ 3 Because we conclude we do not have jurisdiction to address Phillip's contentions, we dismiss the appeal.

¶ 4 I. BACKGROUND

¶ 5 Elizabeth and Phillip married on May 26, 1987. The parties had three children during their marriage.

¶ 6 A. The Trial Court's Temporary Orders and Judgment of Dissolution of Marriage

¶ 7 In June 2009, Elizabeth filed a petition for dissolution of marriage and a petition for temporary relief. In September 2009, the trial court entered a temporary order requiring Phillip to pay $2,600 biweekly as unallocated maintenance and support. The court subsequently modified the temporary order in November 2010, ordering bimonthly child support payments of $1,553.25. In April 2011, the court granted, in part, Phillip's petition for termination of support and maintenance, staying Phillip's maintenance obligation.

¶ 8 In January 2011, the trial court entered a judgment of dissolution of marriage, reserving the resolution of "[a]ll other issues including those of maintenance and property allocation" for a subsequent hearing.

¶ 9 B. The August 2011 Hearing

¶ 10 In August 2011, the parties appeared for a hearing on all remaining issues. Phillip testified that from 1987 through 1991, he pursued postgraduate dentistry training in Chicago, Illinois. During this time, Elizabeth helped support the couple through her employment as a physical therapist. In 1989, the parties' oldest child, Matthew, was born.

¶ 11 Following the completion of Phillip's postgraduate training, the couple moved to Portland, Oregon, where Phillip became employed at Kaiser Permanente. The parties' second child, Mary, was born in 1992. Thereafter, the parties agreed Elizabeth should take care of the children and Phillip subsequently became the family's sole financial provider. In 1993, the family returned to Illinois, and Phillip became employed at an oral surgery practice in Coles County. The couple's youngest child, Sarah, was born in 1996.

ΒΆ 12 In 1997, the Jensens decided Phillip would open a private oral surgery practice in Neoga, Illinois. Together the couple "did what was required to get that office up and running," with Elizabeth working at the front desk "[o]n a temporary basis." Elizabeth was also primarily responsible for taking care of the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.