[DOWNLOAD] "In re Marriage of Hostetler" by Illinois Appellate Court — First District (5Th Division) Judgment Reversed # eBook PDF Kindle ePub Free

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eBook details

• Title: In re Marriage of Hostetler
• Author : Illinois Appellate Court — First District (5Th Division) Judgment Reversed
• Release Date : January 04, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Respondent, Stephen S. Hostetler, appeals from an order of the circuit court of Cook County which entered declaratory judgment that two of its prior orders were valid and worthy of full faith and credit, and based thereon, entered judgment in favor of petitioner for child support arrearages in the amount of $9,138.53. Respondent's principal contention on appeal is that the previous orders were entered without personal jurisdiction over respondent and are therefore void. For the reasons which follow, we reverse the order from which the appeal has been taken. The facts are relatively uncomplicated. On November 24, 1965, the parties' marriage was dissolved by the circuit court of McLean County, Illinois. Respondent admits that the McLean County court had acquired personal jurisdiction over him at the time of the divorce decree and that he complied with its provisions for child support. On September 5, 1969, petitioner filed in the circuit court of Cook County as her initial pleading a petition for modification of the divorce decree entered in McLean County. This petition was stamped Foreign Decree although the allegations and the attached certified copy indicated that the original decree of divorce was entered in McLean County, Illinois. On November 12, 1969, notice of the hearing on this petition was sent to respondent at his California residence. Pursuant thereto, an order was entered on November 20, 1969, purporting to modify the decree of divorce entered in McLean County by increasing child support payments to $150 per month and ordering respondent to pay petitioner's attorney fees of $250. On February 7, 1972, petitioner filed in the circuit court of Cook County a Petition to Convert Arrearages of Attorney Fees and Child Support into Money Judgment and That Execution Issue. Respondent was served notice of this petition by return receipt mail addressed to his California residence. The circuit court entered judgment in favor of petitioner in the amount of $1,810 and awarded her attorney fees of $100 on February 11, 1972. No summons was served on respondent in connection with either the 1969 or the 1972 petitions. On October 3, 1979, respondent filed a motion in the circuit court of Cook County seeking to vacate the 1969 and 1972 orders rendered by that court. The motion alleged that the court lacked jurisdiction and that the circuit court of McLean County had continuing exclusive jurisdiction over the subject matter. The record does not reflect a disposition of this motion. On July 24, 1981, petitioner filed a petition for declaratory judgment and for judgment on arrearages in support. The petition sought a declaration that the orders of November 20, 1969, and February 11, 1972, were valid and entitled to full faith and credit. On December 29, 1982, after hearing arguments of counsel, the circuit court entered an order finding the child support arrearage to be $9,138.53 and further finding that the 1969 and 1972 orders were valid and worthy of full faith and credit. Respondent has appealed from that order.

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