In re Marriage of Allen

State: Illinois

Court: 3rd District Appellate

Docket No: 3-02-0623 Rel

Case Date: 10/01/2003

No. 3-02-0623

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APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

A.D., 2003

In Re Marriage of

DANA L. ALLEN,

Petitioner-Appellee,

and

ROBERT W. ALLEN

Respondent-Appellant.

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Appeal from the Circuit Court
for the 12th Judicial Circuit
Will County, Illinois

No. 93--D--6997

Honorable Robert Baron
Judge, Presiding

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PRESIDING JUSTICE McDADE delivered the opinion of the court:

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This appeal is from the entry of an order in the circuitcourt of Will County amending a qualified domestic relationsorder (QDRO) previously entered in this matter. The respondentargues that the trial court lacked jurisdiction to enter theamended order, and also asserts that the original judgment inthis case did not reflect the true intent of the parties. Forthe following reasons, we affirm the entry of the amended QDRO,finding that the judgment accurately reflected the parties'intent.

FACTS

The petitioner, Dana Allen, and respondent, Robert Allen,were divorced on October 6, 1995, after 18 years of marriage. The judgment of dissolution called for the division of therespondent's Commonwealth Edison pension fund between the twoparties pursuant to a formula stated in the judgment.

The formula stated that the pension fund would be dividedalong the following lines:

"Plan benefit, including any early retirementincentive, or survivorship benefit, multiplied by one-half (