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In re Marriage of Pasquesi

Court of Appeals of Illinois, First District, Third Division

June 10, 2015

In re MARRIAGE OF ROBERTA PASQUESI, Petitioner-Appellee, and JOHN PASQUESI, Respondent-Appellant

Page 107

As Corrected.

Appeal from the Circuit Court of Cook County. No. 08 D 3759. The Honorable Debra D. Walker, Judge, presiding.

FOR PETITIONER-APPELLEE: Paul L. Feinstein, Ltd., Chicago, IL.

FOR RESPONDENT-APPELLANT: Steven Wittenberg, David Zwaska, LeVine, Wittenberg, Shugan, & Schatz, Tinley Park, IL.

JUSTICE HYMAN delivered the judgment of the court, with opinion. Presiding Justice Pucinski and Justice Lavin concurred in the judgment and opinion.

OPINION

HYMAN, JUSTICE.

Page 108

[¶1] Roberta Pasquesi and respondent John Pasquesi incorporated a marital settlement agreement (MSA) into their divorce judgment. The MSA required John to deposit $90,000 in a trust from which Roberta, as trustee, was to withdraw John's monthly child support obligation and his 50% share of child-related expenses. The MSA established the trust for 24 months and allowed for review for replenishment on or after the 24 months. Shortly after the 24 months expired, Roberta filed a petition to replenish the trust through June 2013 and to establish John's current child support obligation. John also filed a petition to set child support. After several days of testimony, the circuit court ordered John to replenish the trust at a rate of $12,000 per year, determined John's current and retroactive child support obligation, as well as his past-due child-related expenses obligation, and granted Roberta the tax exemptions for the parties' dependent children.

[¶2] John asserts the trial court abused its discretion in: (i) ordering him to replenish the trust, because Roberta, an interested party, is the trustee and there was no evidence to support replenishment; (ii) calculating his retroactive child support obligation from February 1, 2012 to August 12, 2012, because he had no income at that time; (iii) allocating the dependency exemptions to Roberta because he could

Page 109

have benefitted from them; and (iv) ordering him to pay $12,464 in past-due child-related expenses. We affirm. The circuit court acted within its discretion in ordering John to replenish the trust because the parties' MSA named Roberta as trustee and John willfully refused to pay nonmedical expenses that were not in dispute. The circuit court also did not abuse its discretion in calculating John's retroactive child support for February 1, 2012 to August 12, 2012, where the record did not show a change in circumstances, in permitting Roberta to claim all four children as dependents on her taxes as provided in the MSA, or in relying on Roberta's calculation in ordering John to pay $12,464 in past-due child-related expenses.

[¶3] BACKGROUND

[¶4] Roberta and John Pasquesi married on September 22, 1990. The couple had four children. Two of the children are minors; one became emancipated in 2011 and another in 2013. On January 26, 2010, the trial court entered a judgment for dissolution of marriage, incorporating the parties' MSA. Regarding child support, the MSA states as follows:

" 4.02 As and for child support paid by John to Bobbie on behalf of the children, the parties agree as follows: John shall deposit the sum of $90,000 (Ninety Thousand Dollars) in the name of Roberta (Bobbie) Pasquesi as trustee for the benefit of the children pursuant to 750 ILCS 5 Sec. 503(g) by depositing $50,000 (Fifty Thousand Dollars) on or before February 15, 2010 and $40,000 (Forty Thousand Dollars) on or before February 1, 2011. If John fails to deposit said sums by the dates delineated then John shall be responsible for all of Bobbie's reasonable attorneys fees and costs expended to enforce this provision. ***
* * *
This fund is established to secure and to pay previous and ongoing child support obligations through 1/31/12. The ongoing child support obligation consists of child support of $2,000 (Two Thousand Dollars) per month, extracurricular expenses, unreimbursed medical, dental and counseling expenses (except for extraordinary unreimbursed expenses as defined in paragraph 6.02 for which John shall be responsible for one-half and pay said extraordinary expenses within thirty days of notification which includes bills, EOB and proof of payment and medical and dental health insurance premiums as they relate to the children. This fund is designed for a twenty four month period and shall be subject to court review on or after February 1, 2012 for replenishment or before said date if John commences to earn income greater than $60,000 net income as defined by Section 505 per annum prior thereto. The $2,000 per month child support payment is based upon an imputed income of $60,000 net income as defined by Section 505 per annum. John's responsibility for extracurricular expenses, ordinary unreimbursed medical, dental and counseling expenses and health insurance premiums are deemed prepaid through 1/31/12 and Bobbie may request to modify only the child support provision during the twenty four month period.
* * *
After twenty four months, John shall be responsible for one-half of unreimbursed medical and dental expenses, one-half of health insurance premiums as they relate to the children, one-half of counseling for the children, and one half of extracurricular activities."

Page 110

[¶5] As to " additional child-related payments," the agreement provides:


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