SWAPPING PROPERTY OBLIGATIONS

Pursuant to the terms of the divorce judgment, husband was to make three $5,000 payments to wife over a one-year period. Wife was also to receive specified marital property. Husband was to receive the remainder of the property.

Each of the parties subsequently filed petitions for rule to show cause.  Each alleged that the other had failed to abide by the terms of the judgment.

Husband was found guilty of contempt and sentenced to 30 days in jail unless he purged himself by paying wife the $5,000 installment due at the time. Wife was also found in contempt and sentenced to 30 days in jail unless she returned the items of personal property previously awarded to husband.  Wife did not have all of the items to be returned to husband, and she left the state.

Wife remained in contempt unless she paid husband $11,497.  This amount represented the replacement value of the items she had failed to return, plus $620 in attorney fees. It further ordered that $10,000 owed by husband would be credited toward that amount.

IRMO Havens, 213 Illl.App.3d 151

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