Appellate Court of Illinois

Appeal of court decision ordering respondent ex-husband to pay petitioner ex-wife retirement benefits pursuant to marital settlement agreement is affirmed where (1) respondent was eligible for retirement pay when he began receiving disability benefits and petitioner is eligible for to receive portion according to settlement agreement; (2) the trial court did not err in denying petitioner attorney fees where respondent had a good faith argument that he was not required to pay respondent any portion of his disability payments based on a narrow reading of the marital settlement agreement; (3) court-s decision to deny Lynette prejudgment interest was not an abuse of discretion.

Appellate Information

• Decided 05/28/2008
• Published 06/03/2008

Judges

• Justice LYTTON delivered the opinion of the court:

Court

• Appellate Court of Illinois

Counsel

• For Appellant:
  
• Robert W. Bach (argued), Peoria, for John Barton Schurtz., James L. Hafele (argued), Kavanagh, Scully, Sudow, White & Frederick, P.C., Peoria, for Lynette Katherine Schurtz., James L. Dobrovolny, Dobrovolny Law Offices, Urbana, Thomas W. Duda, Law Offices of Thomas W. Duda, Arlington Heights, for Amicus Curiae.