In re Marriage of Dodge

540 N.E.2d 440, 184 Ill. App. 3d 495, 132 Ill. Dec. 700, 1989 Ill. App. LEXIS 761
CourtAppellate Court of Illinois
DecidedMay 26, 1989
DocketNo. 1—87—2469
StatusPublished
Cited by2 cases

This text of 540 N.E.2d 440 (In re Marriage of Dodge) 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 Dodge, 540 N.E.2d 440, 184 Ill. App. 3d 495, 132 Ill. Dec. 700, 1989 Ill. App. LEXIS 761 (Ill. Ct. App. 1989).

Opinion

JUSTICE LORENZ

delivered the opinion of the court:

This appeal follows a contested trial for dissolution of marriage. Respondent, John M. Dodge (John), contends the trial court abused its discretion regarding three aspects of the judgment: determination of the amount, duration, and period of review of a maintenance award to respondent, Stephanie L. Dodge (Stephanie); the requirement that John pay $184,000 to Stephanie as her share of John’s profit sharing plan; and the award of $10,000 in attorney fees and costs to Stephanie.

We affirm.

John and Stephanie were married in 1961. At the time of trial in May 1987, John was 49 years old and Stephanie was 46 years old. The Dodges had two children: a son, age 24, then emancipated and living out of State, and a daughter, age 22, then a senior at the University of Wisconsin in Madison.

Summarized below are facts pertinent to the disposition of the issues raised on appeal.

SUPPORT AND MAINTENANCE

Since 1961, John was employed with Commerce Clearing House (CCH) and, at the time of trial, was an assistant vice-president. The parties stipulated that in 1986, John earned $75,503.89 in gross salary and was awarded a year-end bonus of $11,500, receipt of which he elected to defer to 1987. Had he not deferred receipt of the bonus, John’s total income from CCH for 1986 would total $87,033.89. John stated he regularly received bonuses in December from CCH in addition to his yearly salary. John lived in a newly constructed, mortgage-free townhouse, which he purchased in 1985.

At trial, Stephanie testified she had briefly worked part-time in an obstetrician’s office and as a dental assistant. In 1975, she began part-time work at the Deerfield Public Library. She later worked at the Northbrook Public Library and began working full time there in 1980. She received $14,623.60 and $15,737.12 in compensation for years 1985 and 1986, respectively. Stephanie had recently accepted a job offer with the American Library Association (ALA) as assistant to the director in the children’s division. Stephanie was to begin in May 1987 at an annual salary of $18,000. The salary range for that position was $17,000 to $24,000.

Stephanie testified that her educational background included attending one year of college prior to her marriage, several continuing education courses, and seminars in conjunction with her library job.

Stephanie resided alone in the marital home in Deerfield where the couple had lived for 18 years. She testified that her daughter occasionally spent weekends there and that, following graduation from college, her daughter would live with her. Her son also occasionally visited over weekends.

Stephanie stated that the house was approximately 30 years old. Various repairs were needed, including minor plumbing work and repair of a hole in the kitchen floor. The home had not been recarpeted since purchase. The kitchen stove and oven as well as the washer and dryer were 18 years old. The dishwasher and garbage disposal were eight years old. A new refrigerator was installed in 1984.

A budget, containing projected monthly expenses, was offered into evidence upon John’s counsel’s stipulation that Stephanie would establish the amounts and items listed therein. The expenses totaled $4,245. John’s counsel questioned Stephanie about various projections.

With reference to the marital home, the budget contained a projection of $325 per month for appliances and home maintenance. Stephanie admitted that she had not obtained any estimates for plumbing work or painting. She also admitted that an estimate of $1,100 for repair of the kitchen floor was three years old.

With reference to insurance, Stephanie included a $100 life insurance expense in the budget even though her present employer provided life insurance and the ALA would provide $15,000 worth of life insurance. She also admitted that the ALA provided 75% of the cost of medical insurance, but had included $250 as projected medical insurance expense because of uncertainty as to the extent of the ALA plan’s coverage. The amount budgeted for medical insurance was based on a discussion she had with her sister, who was employed in the medical division of Kemper Insurance.

Regarding an expense for church contributions, Stephanie admitted that in 1986 she was only able to make contributions of $25 per month to her church, but had included projected monthly contributions of $100.

Stephanie was also questioned about the budget projection of $400 per month for clothing and $75 for dry cleaning. She stated that in April 1987 she spent close to $400 for clothing. She admitted, however, that she did not purchase clothing in the preceding months of January or March and purchased only a “small amount” in February. Stephanie stated that in April 1987 she spent approximately $35 for dry cleaning expense, but was unable to recall how much she spent in February or March. She explained, however, that the $75 projected monthly expense for dry cleaning was based on discussions with friends and the circumstances of her new job in the city.

John’s counsel pointed out discrepancies between amoimts for items contained in an earlier budget, considered in conjunction with a petition for maintenance in 1985, and that offered at trial. In her later projections, Stephanie included a $250 monthly expense for an automobile. During questioning, however, she admitted that her current car payment was only $107 and that the $250 projection was based on a new car purchase. She also explained that the earlier budget reflected a lower projection for automobile maintenance than did the later budget due to her increased knowledge of costs of maintenance and because her car was older. She similarly explained that increased projections for groceries and laundry contained in the later budget were partly due to her developing knowledge of actual expenses for those items. Stephanie stated that John was primarily responsible for the payment of bills.

Based on the evidence adduced at trial and as stipulated to, the trial court, on June 12, 1987, ordered John to pay Stephanie monthly maintenance of $2,100, which amount was reviewable at the request of either party after five years. Maintenance was to continue until such time as Stephanie remarried, entered into cohabitation on a continuous conjugal basis, or died.

THE CCH PROFIT SHARING PLAN

The parties offered into evidence a trial stipulation addressing John’s interest in the CCH “Employees Profit Sharing, Savings, and Stock Ownership Plan” (plan). As of March 31, 1987, John’s fully vested interest in the plan totaled $436,304.59. Of that amount, $184,193.52 represented John’s contributions.

The parties also agreed to the admission of two exhibits regarding the plan. The first, a group exhibit, labeled “Petitioner’s Exhibit 103,” consisted of copied pages of John’s quarterly statement of account through December 31, 1986. When examined in conjunction with the stipulation, that exhibit established that, as of December 31, 1986, John’s tax-deferred (before tax) contributions were $15,876.27, his after-tax contributions were $43,049.33, and company contributions totaled $81,172.27.

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Bluebook (online)
540 N.E.2d 440, 184 Ill. App. 3d 495, 132 Ill. Dec. 700, 1989 Ill. App. LEXIS 761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-dodge-illappct-1989.