In re Marriage of Baumgartner

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2014 IL App (1st) 120552
Decision Date: 
March 31, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Justice: 
HALL
Holding: 
Affirmed.
(Court opinion corrected 4/15/14.) Court properly denied wife's petition to enforce post high school educational provisions of judgment for dissolution, finding that son, age 23 at time of hearing, was emancipated and capable of supporting himself and did not have requisite desire and ability to further his post high school education. Evidence established that son was not dependent upon mother, with whom he lived, for his support. Court properly struck wife's petition for indirect criminal contempt, as she failed to show that husband violated court's orders or that any violation was willful. (LAMPKIN and REYES, concurring.)