Thomas J. Thurner v. Cheri J. Thurner

This is appellant's second appeal of a nonfinal order in this dissolution proceeding. Thomas J. Thurner (husband) now challenges the trial court's orders adjudicating him in criminal contempt, awarding attorneys' fees to Cheri J. Thurner (wife) and striking his motion to appoint a commissioner in the state of Wisconsin. Although it is apparent that appellant has tested the court's patience and the wife's endurance, we nevertheless reverse the orders concerning criminal contempt and attorneys' fees, and remand for proceedings consistent herewith. We otherwise affirm. The parties were married in 1969, and there were three children born of the marriage. In early 1989, the parties separated and the wife filed a petition for dissolution of marriage in May 1989. The husband, a resident of Wisconsin and the Cayman Islands, was served on or about February 8, 1990. Pursuant to an order dated July 12, 1990, the husband was ordered to pay $2,000.00 a month as temporary alimony and $1,500.00 a month as temporary child support. The court also ordered husband to pay arrearages of $26,451.64 and $19,838.73 for alimony and support, respectively. The husband made three payments of $3,500.00 per month. At a hearing held November 5, 1990, in the husband's absence, the husband was found in contempt of the court's order for failure to pay his child support and alimony arrearages and was given a purge provision to pay one-half of $45,390.37 within ten days of the court's adjudication and to pay the remainder within thirty days thereafter. A hearing was held November 16, 1990, at which time the husband testified that he would liquidate a certain Keogh account within approximately three weeks. Consequently, the court ordered on December 3, 1990 that the November 5, 1990 order be vacated contingent upon the husband's liquidation of the Keogh account and payment of the arrearages. A subsequent hearing was held December 17, 1990, on the wife's emergency motion for entry of an order of commitment, for sanctions, and motions for injunctive relief and for attorneys' fees and costs. Husband's attorney was unable to contact him and he was not present at the hearing. The court's subsequent orders are the subject of this appeal.