In re Marriage of Logston
Illinois Supreme Court
469 N.E.2d 167 (1984)
Kate Logston (plaintiff) brought contempt proceedings against her ex-husband Eugene Logston (defendant) for failing to pay the $221.50 monthly alimony ordered in their 1981 divorce judgment, under which Kate kept the marital home and paid Eugene $16,887 for his interest in it. At the time of judgment, Eugene received $813.32 monthly from social security, pension, and disability payments; by the 1983 contempt hearing, that had grown to $922.44. Eugene spent most of the money Kate paid him for the home on a trip to California, and claimed monthly expenses including loans for a car, a recreational vehicle, and remodeling his new wife's kitchen, with unclear testimony on whether his new wife shared any of those debts. The trial court found Eugene $4,707.60 in arrears and ordered him to pay $4,043.10 within 30 days or serve up to six months in jail.
Whether a party may be held in contempt for failing to pay alimony when the party's income derives from sources that are exempt from judgment, attachment, or distress for rent.