[DOWNLOAD] "In re Marriage of Lueck" by Illinois Appellate Court Second District Reversed And Remanded # eBook PDF Kindle ePub Free
eBook details
- Title: In re Marriage of Lueck
- Author : Illinois Appellate Court Second District Reversed And Remanded
- Release Date : January 05, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The only question on appeal is whether the trial court erred in failing to stay a jail sentence for contempt based upon defendant's nonpayment of child support after he had filed a chapter 13 bankruptcy petition. While no appellee's brief has been filed on this appeal, we reach the merits in this case since the record is simple and the claimed errors easily resolvable. First Capitol Mortgage Corp. v. Talandis Construction Corp. (1976), 63 Ill.2d 128, 133. A judgment of dissolution of marriage between plaintiff, Karen L. Lueck, and defendant, Lawrence E. Lueck, was entered in the circuit court of Du Page County on December 10, 1984. This judgment included a child support order requiring defendant to pay $65 per week to the clerk of the circuit court. On April 10, 1985, defendant was ordered to appear before the court and show cause why he should not be held in contempt for failing to pay child support in the amount of $870.17. At the hearing held May 8, 1985, defendant was held in contempt of court for failing to pay $1,130.21 in child support and sentenced to 30 days in jail, unless the contempt be purged. The issuance of a mittimus by the clerk was stayed to June 12, 1985, to allow for payment of the child support arrearage by defendant, and, thus, the purging of the contempt.