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In re Marriage of Thomas

Case Date: 05/05/2003
Court: 2nd District Appellate
Docket No: 2-02-0302 Rel

No. 2--02--0302

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

In re MARRIAGE OF ) Appeal from the Circuit Court
LYNN ROSE THOMAS, ) of Du Page County.
)
                 Petitioner-Appellee, )
)
and ) No. 80--D--157
)
PAUL MICHAEL THOMAS, ) Honorable
) John T. Elsner,
                Respondent-Appellant. ) Judge, Presiding.

JUSTICE BYRNE delivered the opinion of the court:

Respondent, Paul Michael Thomas, appeals from the circuit court's decisionsto (1) exclude certain documentary evidence of his 1984 income as a sanction forfailing to personally appear at the evidentiary hearing; (2) award petitioner,Lynn Rose Thomas, $317,753.72 in past-due support and $75,000 in attorney feesand costs; and (3) allow Lynn to recover the arrearage via qualified domesticrelations orders (QDROs).

We conclude that the trial court calculated the arrearage incorrectlybecause the court abused its discretion in excluding the contested evidence. However, the court did not abuse its discretion in awarding the attorney fees andcosts. We further determine as a matter of law that the Employee RetirementIncome Security Act of 1974 (ERISA) (29 U.S.C.