In Re Marriage of Baptist

598 N.E.2d 278, 232 Ill. App. 3d 906, 174 Ill. Dec. 81, 1992 Ill. App. LEXIS 1215
CourtAppellate Court of Illinois
DecidedJuly 30, 1992
Docket4-91-0817
StatusPublished
Cited by12 cases

This text of 598 N.E.2d 278 (In Re Marriage of Baptist) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Marriage of Baptist, 598 N.E.2d 278, 232 Ill. App. 3d 906, 174 Ill. Dec. 81, 1992 Ill. App. LEXIS 1215 (Ill. Ct. App. 1992).

Opinion

JUSTICE KNECHT

delivered the opinion of the court:

Petitioner Martin Baptist, Jr., appeals from the child support modification order entered by the Sangamon County circuit court which increased his support obligations. He argues the court abused its discretion by increasing his monthly obligation from $250 to $650 monthly and asks this court to set his obligation at $350 monthly. He contends the court made the following errors: (1) it erred by refusing to deduct from his net income figure — used to determine his monthly child support obligation — the periodic payments he was making to his former wife, respondent, Mary L. Baptist; (2) it abused its discretion by not deviating downward from the statutory child support guidelines; (3) it erred because it did not make express findings for its upward deviation from the support guidelines; and (4) it abused its discretion by setting support above the statutory minimum support guidelines. We reject Martin’s allegations and affirm the trial court’s order.

I. Facts

Martin and Mary were married in November 1954. Six children were born during their marriage, which was dissolved in July 1983. The parties negotiated a settlement agreement which was incorporated into the dissolution order. The agreement, in relevant part, provided Martin would make periodic payments to Mary of $500 monthly until she remarried, died or reached age 65.

In return for Mary transferring her partnership interest in the parties’ business interests, she was also given an equitable lien on 50% of Martin’s share of the income disbursed by the business entities. This payment was credited 50 cents on the dollar against the $500 monthly periodic payments. Because these payments were consistently $1,000 monthly, Martin was not paying the $500 monthly periodic payments.

Mary relinquished her interests in the following businesses: Custom Construction Company, a partnership; Custom Real Estate Company, a partnership; Custom Insurance Agency, Inc.; Custom Management, a partnership; and Martin Baptist Jr. & Son, a partnership. The parties’ agreement also provided that if the agreement was terminated Mary would receive a one-half interest in the properties or one-half of the proceeds from the sale of the properties. Upon Martin’s death, one-half of the interest in the properties or one-half of the proceeds from the sale of the properties would be conveyed to Mary. Martin was ordered to pay $250 monthly per child as support. Child support is currently being paid for only one child because the other children have reached the age of majority.

In March 1989, Mary sought modification of the child support provision. On January 1, 1991, Martin voluntarily increased his payments to $350 monthly. The court heard evidence on the modification petition on January 3, 1991, and March 4, 1991. Martin’s current spouse, Linzy Baptist, sought and was granted permission to intervene. She sought protection of her rights to certain funds because she held partnership interests in businesses in which Martin was also a partner, she and Martin had filed joint tax returns, and their funds were commingled.

Martin’s pro forma tax return indicated he had paid Mary $1,239.58 monthly during 1990. This figure represented the $1,000 equitable lien from $2,000 which Martin received as distributions from the businesses, and $239.58 for country club dues and life insurance premiums which he was ordered to pay by the original dissolution decree.

Evidence at the hearings suggested Martin’s income was reduced because he transferred part of his business interests in the various partnerships to his current spouse, Linzy Baptist. After Martin’s counsel objected to questions in this area, the judge indicated she viewed this evidence as highly relevant if the transfers reduced the amount of child support Martin would be obliged to pay.

Martin testified he transferred one-half of his interests in each business to Linzy in exchange for one-half of the equity in a home she had previously purchased for $100,000 and which she testified was valued at in excess of $100,000. Linzy paid no cash for her interest in these partnerships, with the exception of her 25% interest in Custom Building which she purchased from a third partner. She became a partner in Custom Property Management, Custom Building, and Custom Construction on August 3, 1983, the day she and Martin were married. She became a partner in Custom Investments in 1987 and paid no consideration.

When Martin and Mary were divorced, they owned a one-third interest in Custom Investments and a one-quarter interest in Custom Building. Pursuant to their agreement, Mary held a lien on one-half of the profits from these businesses, reducing Martin’s interests (insofar as any claim to the profits) to one-sixth in Custom Investments and one-eighth in Custom Building. Transferring one-half of these interests to Linzy means she obtained a one-twelfth interest in Custom Investments and a one-sixteenth interest in Custom Building.

Martin’s affidavit of income and assets indicates Custom Investments has a net worth of $653,397 and Custom Building has a net worth of $114,879. However, Martin testified that when Custom Investments was appraised several years ago it was valued at $1,800,000. Linzy testified its value was approximately $2 million. There is outstanding debt attributed to this partnership in the amount of approximately $550,000. Because Linzy and Martin own only a one-third interest in Custom Investments, the additional partner owning the two-thirds interest would be responsible for a larger proportion of this debt. Custom Building was appraised several years ago at approximately $460,000.

Linzy testified she had made capital contributions to the businesses in which she and Martin are partners. In 1988, she made capital contributions of approximately $45,000. She also stated her mother gave her less than $10,000 yearly, which she contributed to the partnerships, and that she sometimes contributed her commissions checks from selling real estate through Custom Realty Company. She works in all of the businesses.

The record also indicates Martin and Mary’s other children had attended parochial schools. Although the minor child was also attending a parochial school, Martin was unwilling to contribute to this expense. At the close of the March 1991 hearing, the trial judge authorized written arguments by counsel.

The trial judge sent a letter to counsel on June 27, 1991, informing them she concluded modification of Martin’s support payments was warranted. She also concluded monthly support and maintenance payments made by Martin to Mary could not be subtracted from his net income to arrive at the proper amount of monthly child support. She reasoned prior obligations of support and maintenance which were subtracted pursuant to section 505(a)(3Xg) of the Illinois Marriage and Dissolution of Marriage Act (Act) only included payments made in conjunction with a different marital relationship. Ill. Rev. Stat. 1991, ch. 40, par. 505(a)(3)(g).

She noted that although Mary had some certificates of deposit, savings and limited debt compared to Martin, Martin had a partnership interest in five businesses, the total equity interest of which was in excess of $1 million.

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Cite This Page — Counsel Stack

Bluebook (online)
598 N.E.2d 278, 232 Ill. App. 3d 906, 174 Ill. Dec. 81, 1992 Ill. App. LEXIS 1215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-baptist-illappct-1992.