Former Triad Industries owner Rick Jones of Wood River seeks to undo his April 16 divorce from Dorothy Jones, claiming she hasn't kept her part of the bargain.
Madison County Associate Judge Duane Bailey, who dissolved the marriage, has set a June 11 hearing on a motion Rick Jones filed to vacate the judgment.
"Specific time lines were stated in the order which were 'of the essence' and were not followed by the wife," David Fahrenkamp of Edwardsville wrote in the motion.
He wrote that the parties agreed to pay civil and criminal penalties, restitution, and taxes while preserving their respective claims and defenses.
"The wife now contends that she does not have to post the funds," he wrote.
Erin Reilly of Edwardsville answered that Dorothy Jones "has taken all steps necessary to post and retain said funds as required and divided all accounts as required."
The dispute complicates Rick Jones's sentencing on federal income tax evasion charges, set for July 16.
In January he admitted that while BP Amoco paid Triad Industries to decontaminate soil at its Wood River refinery, he spent much of the money on himself and others.
He agreed to pay $1.2 million in tax and $2.4 million in restitution to BP Amoco, and he began negotiating with Dorothy on a process for paying.
He had filed for divorce two years ago, before his crime caught up with him.
After he pleaded guilty, Bailey set trial on the divorce.
When the date arrived for trial, Bailey postponed it and let negotiations continue.
Rick and Dorothy brought him an agreement, and he signed it.
According to Reilly it provided for retention of certain funds to be applied to civil tax liabilities, fines, penalties and interest while preserving Dorothy's defense as an innocent spouse and other defenses.
Reilly wrote that civil tax liabilities of Rick and Dorothy under state and federal law for 2002 to 2005 have not been determined.
Reilly claimed Rick delayed conclusion of the matter by failing to execute deeds and other documents Dorothy provided.