Marriage of Pearson, In re

• Decision Date: 30 September 1992
• Docket Number: No. 1-91-1238,1-91-1238
• Citation: 603 N.E.2d 720,177 Ill.Dec. 650,236 Ill.App.3d 337
• Parties: , 177 Ill.Dec. 650 In re the MARRIAGE OF Loretta PEARSON, Petitioner-Appellant, and Richard Pearson, Respondent-Appellee.
• Court: United States Appellate Court of Illinois

Page 720

603 N.E.2d 720

236 Ill.App.3d 337, 177 Ill.Dec. 650

In re the MARRIAGE OF Loretta PEARSON, Petitioner-Appellant and Richard Pearson, Respondent-Appellee.

No. 1-91-1238.

Appellate Court of Illinois First District, Third Division.

Sept. 30, 1992.

Springer, Casey, Dienstag & Devitt, P.C., Gary E. Deinstag, Joseph H. and Norman Becker and Selwyn Blum, Chicago, for petitioner-appellant.

Anthony F. Albergo, Westchester, for appellee (Francis X. Riley, of counsel), for respondent-appellee.

Justice CERDA delivered the opinion of the court:

Loretta Pearson appeals from the November 30, 1990, judgment order dissolving her marriage to her husband, Richard Pearson. In her appeal, Loretta asserts that (1) the trial court erred by ordering rehabilitative maintenance for only 36 months; (2) the amount of maintenance is insufficient; (3) the trial court's order requiring Richard to contribute to the children's college expenses was inadequate; (4) the trial court improperly apportioned the marital debts; (5) the trial court erred in failing to order Richard to contribute retroactively to the children's high school expenses; (6) the trial court erred in requiring Loretta to pay one-half of Richard's expert witness's fees; (7) the trial court erred in failing to order Richard to account for the cash value of a cashed-in life insurance policy; (8) the trial court improperly apportioned the attorney fees incurred by Loretta; and (9) the trial court erred in awarding fees to Loretta's former attorney, David Goldstein.

Richard and Loretta Pearson were married on July 9, 1966, and have two children. Michael was born on July 5, 1968, and Colleen on August 28, 1970. At the time of the dissolution of marriage, Loretta was 46 years-old and Richard was 48 years-old.

Loretta received a Bachelor of Arts Degree in 1965 and has a current teaching certificate. When the Pearsons got married, Loretta was teaching full-time, earning between $10,000 and $12,000 per year. She used part of her income in August 1968 to pay the $6,000 down payment on the Pearsons' first home. At that time, Richard was earning about $17,000 per year from his employment at Commonwealth Edison.

When Loretta's mother died in 1966, Loretta inherited $10,000, which she used to buy furniture and pay bills. In 1969, when her father died, Loretta received a $25,000 inheritance, $23,000 of which was used toward the $33,000 down payment on the Pearsons' second home. A $4,000 profit from the sale of stocks, which had been a gift from Loretta's uncle, was used to purchase, paint, and repair that home. The only other account the Pearsons had was a small savings account.

A few months before Michael's birth in 1968, Loretta stopped working. That was the last time she worked full-time. Loretta's job became caring for the children and the home. According to Loretta, Richard helped very little with the children and home responsibilities, telling her that was her job. Loretta stated that Richard did not want her to work when the children were small. Richard testified, however, that he told Loretta that she could work if she wanted, but did not insist on it. Richard testified that Loretta was a good mother and properly maintained the household.

In 1978, when Colleen was in the second grade, Loretta worked as a substitute teacher one or two days a week, earning approximately $4,000. At that time, Richard, who was earning about $30,000 per year, paid the mortgage and gave Loretta money toward the household expenses. Whenever that money did not cover the expenses, Loretta contributed her income.

During the marriage, the Pearsons' yearly family vacations to Florida, Hawaii, Las Vegas, Wisconsin Dells, and Arizona were paid for jointly. About once a week, they went to parties, dinner, plays, or other places.

After Loretta filed a petition for dissolution of marriage on September 25, 1984, both she and Richard remained in the marital home. From 1984 to 1987, Loretta testified, she paid $13,729.04 in mortgage payments in addition to the household expenses, insurance, food, house repairs, and legal fees. Loretta stated that the money came from her salary as a substitute teacher, possessions she sold, and money she borrowed from relatives and friends. Income tax returns indicate that Loretta earned $760 in 1984, $1,500 in 1985, and $1,559 in 1987. Loretta claimed that Richard gave her money on an irregular basis during that time.

Richard testified that he paid the mortgage, bills, and the children's tuition in 1985, 1986, and 1987. He stated that he gave Loretta his entire paycheck minus $50 every two weeks from 1984 to 1987. He estimated that he gave Loretta $700 from every paycheck in 1984 and $900 every other week from 1985 until August 1987.

According to Loretta, Richard did not want the children to attend parochial grammar school, but agreed that they could go to parochial high schools. From 1982 to 1986, Michael went to St. Joseph High School. Loretta testified that she paid $5,939.13 for Michael's high school expenses, for which she used money from her employment, selling possessions she had inherited from her mother, and borrowing money from friends and relatives. Loretta claimed that Richard never made any contributions to Michael's high school expenses, but Richard presented receipts for a $425 payment on November 1, 1985, and a $325 payment on February 13, 1986, for Michael's tuition.

From 1984 to 1988, Colleen went to Immaculate Heart of Mary High School. Loretta testified that she paid $7,770.95 for Colleen's tuition and expenses from her employment, the sale of possessions, and borrowing money from friends and relatives. Loretta stated that Richard refused to contribute toward Colleen's tuition, but Richard presented receipts documenting that he paid the school $340 on November 21, 1985, $130 on January 30, 1986, and $460 on March 12, 1987. In addition, Richard maintains that Loretta paid part of Colleen's tuition from his support money in May 1988.

In 1986 and 1987, Richard damaged two bedroom doors by putting his fist through them. On September 24, 1986, an order of protection was entered, restraining Richard from striking, threatening, or harassing Loretta, Colleen, and Michael. Richard moved out of the house on April 12, 1987. At that time, Loretta was employed as a substitute teacher, earning $35 to $55 a day. She averaged about $100 per week, but did not work every week. That was the last time Loretta worked as a substitute teacher.

A court order for $400 temporary support was entered on June 1, 1987. Loretta testified that Richard gave her irregular support from April 1987 until October 1987. She also stated that she paid most of the mortgage, food, utilities, and automobile insurance with $5,000 borrowed from relatives and friends during that time. Richard testified that he gave Loretta $1,200 and directly paid the mortgage payments from April 1987 to October 1987.

On August 26, 1987, the court entered a temporary order requiring Richard to submit all of Loretta's medical bills for reimbursement through his employer's insurance plan and to pay any medical expenses not covered by the insurance. The court also ordered that the Pearsons' income tax refund check of $1,095.07 be used to pay Colleen's parochial school expenses. Loretta testified that some of those medical bills remain unpaid and she is out-of-pocket $556.72 for prescriptions. Richard testified that he never received any checks for health insurance claims.

On October 29, 1987, the court entered a temporary support order requiring Richard to pay $450 every other week plus the mortgage on the marital home. He was also ordered to investigate the whereabouts of $4,000 that an insurance agent took from their $10,000 whole life insurance policy. Richard testified that he never pursued the insurance issue.

On Richard's petition, the court modified the temporary support order on February 1, 1989, ordering Richard to pay $300 every other week plus the mortgage and $150 on arrearages from the previous temporary support order. There was a stipulation that Richard made those payments.

At the time of the trial, Michael was 21 years-old and a college student at DePaul University. He was living at home with Loretta and commuting every day to school. He planned to graduate in June 1990. Loretta stated that she contributed $307.48 towards his college fees and books. In addition, Michael had a government loan of $8,490, to be repaid after graduation. Michael was giving Loretta $200 per month toward his car payment and insurance, but was not paying any room or board. Richard testified that he did not contribute any money to Michael's college expenses.

Colleen was 19 years-old and a college student at the College of Du Page School of Nursing, studying toward an RN degree. Although the school is a two-year college, the nursing program runs for four years. Colleen was living with Loretta, who spent $560.78 toward Colleen's college fees, tuition, and books. Colleen was receiving various grants for her tuition. She was giving Loretta $200 per month toward her car payment, insurance, and repairs. Richard stated that he did not contribute any money toward Colleen's college expenses.

At the time of the trial, Loretta claimed that her total monthly expenses were $3,054.37, including heat, telephone, cable television, automobile expenses, teaching certificate fees, church donations, and clothing costs. After Richard's $600 support payment and the children's part-time earnings, Loretta stated that there was a $2,054.37 monthly deficit. She testified that she made up the deficit by selling possessions and borrowing money from friends and relatives. Loretta estimated that she had borrowed about $12,000 since 1984. Loretta stated that she had no IRA's, stocks, bonds, savings, or pension.

Loretta, who was unemployed, last worked in October 1989 at a part-time job with a sales company. At that time,...