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IN RE MARRIAGE OF SCHURTZ

No. 3-07-0345.

891 N.E.2d 415 (2008)

In re MARRIAGE OF Lynette Katherine SCHURTZ, Petitioner-Appellee Cross-Appellant, and John Barton Schurtz, Respondent-Appellant Cross-Appellee.

Appellate Court of Illinois, Third District.

May 28, 2008.

Attorney(s) appearing for the Case

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.

Justice LYTTON delivered the opinion of the court:

In 1993, John and Lynette Schurtz entered into a marital settlement agreement, requiring John to divide his retirement benefits with Lynette. In 2004, John stopped working and began receiving disability benefits. When John refused to divide his benefits with Lynette, she filed a petition for rule to show cause and to enforce judgment. The trial court granted the petition. Lynette then filed a petition for attorney...

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