In re Marriage of Schurtz

              No. 3-07-0345
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Filed May 28, 2008
IN THE
APPELLATE COURT OF ILLINOIS
THIRD DISTRICT
A.D., 2008
In re MARRIAGE OF ) Appeal from the Circuit Court
LYNETTE KATHERINE SCHURTZ, ) of the Tenth Judicial Circuit
) Peoria County, Illinois
Petitioner-Appellee )
Cross-Appellant, )
) No. 92-D-49
and )
)
JOHN BARTON SCHURTZ, )
) Honorable
Respondent-Appellant ) Stephen Kouri
Cross-Appellee. ) Judge Presiding
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JUSTICE LYTTON delivered the Opinion of the court:
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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 fees, which the trial
court denied.
John appeals, arguing that the trial court erred in ordering
him to pay benefits to Lynette. Lynette cross-appeals, arguing
that the trial court erred in denying her requests for attorney
fees and prejudgment interest. We affirm.
John and Lynette Schurtz were married in 1962. John became a
firefighter for the City of Peoria soon thereafter. After 30 years