In Re Marriage of Eisenstein

526 N.E.2d 496, 172 Ill. App. 3d 264, 122 Ill. Dec. 237, 1988 Ill. App. LEXIS 946
CourtAppellate Court of Illinois
DecidedJune 29, 1988
Docket87-516
StatusPublished
Cited by8 cases

This text of 526 N.E.2d 496 (In Re Marriage of Eisenstein) 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 Eisenstein, 526 N.E.2d 496, 172 Ill. App. 3d 264, 122 Ill. Dec. 237, 1988 Ill. App. LEXIS 946 (Ill. Ct. App. 1988).

Opinion

JUSTICE McNAMARA

delivered the opinion of the court:

Petitioner Martin Eisenstein filed a post-divorce judgment petition seeking to reduce his obligation to pay unallocated maintenance and child support to his former wife, respondent Beverly Eisenstein. The trial court denied the petition, finding no substantial and material change in circumstances had occurred since the dissolution of the marriage which warranted a reduction of support payments. On appeal, petitioner claims the trial court abused its discretion and ruled against the manifest weight of the. evidence. Petitioner further appeals from the court’s finding of contempt against him for failure to make payments in compliance with the court judgment.

The marriage of petitioner and respondent was dissolved on June 7, 1982. At that time, the parties had two adult children and one minor child. The judgment incorporated a written separation agreement, by which the parties agreed that petitioner would pay respondent unallocated maintenance and child support in the amount of $2,600 per month for 35 months after the inception of the agreement, May 1982, subject to reduction upon the sale of the former marital home. They also agreed petitioner would pay support in the amount of $2,166 per month commencing May 1, 1985, for 47 months and $1,733 per month commencing on May 1, 1989, for 11 months.

Pursuant to the separation agreement, the parties agreed that respondent would receive total ownership of the marital residence, while each party retained sole interest in property under his or her control, including all businesses, partnerships, corporations and other business ventures. Thereby, petitioner received the interest in his business ventures and real estate along with the accompanying liabilities. Petitioner released respondent of any responsibility for $625,000 in liabilities incurred by several of his business concerns.

Petitioner complied in full with his obligation pursuant to the agreement until May 1, 1985, at which time he reduced the amount of his payments from $2,166 per month to $1,000 per month. At the same time, he filed a petition for modification of judgment claiming a substantial and material change in circumstances since the time of the judgment; he prayed that the court reduce or terminate his obligation to pay maintenance and support. Respondent filed a petition for a rule to show cause and for other relief alleging that petitioner was in arrears in his obligation to pay support. In September and October 1986, the trial court heard the following evidence.

Petitioner’s primary business venture was Standard Industrial and Automotive Equipment, an automotive and shop equipment concern owned by petitioner with a partner. In 1981, petitioner drew a salary of $52,000 plus a bonus of approximately $15,000 from Standard. In 1982, petitioner earned $40,330 and no bonus from Standard. In 1985, petitioner received a salary of $14,700 from this concern. At the time of the hearing, petitioner testified that business was slow but he was receiving approximately $1,500 per month from Standard and the salary was automatically sent to the Bank Leumi to repay a loan owed by G & M Partners, another business owned by petitioner.

At the time of the hearing, petitioner owned a 50% interest in Standard Automotive Warehouse. He and a partner are in the process of buying out a third party’s interest. Petitioner testified that prior to the separation agreement, he received yearly income from Standard Warehouse in the amount of $15,000 which he immediately reinvested in the company. Neither petitioner’s 1982 nor 1985 tax return reflects any income from Standard Warehouse. At the time of the hearing, petitioner testified that he was not receiving any income from Standard Warehouse.

In early 1982, petitioner owned an interest in an auto leasing company known as GJM Associates. This concern was sold prior to the dissolution.

Petitioner also owns a 50% interest in G & M Partners, Ltd., which is in the business of marketing an automotive device named “fueltron.” Petitioner, his current spouse, and his partner signed a note to borrow approximately $150,000 to $200,000 to finance this concern. Petitioner’s tax return reported an ordinary income loss on this venture in 1982 of $27,196. His 1985 tax return showed a G & M partnership loss of $4,631. Petitioner testified that G & M was not earning any income, and he and his partner were utilizing income from Standard Equipment to make payments to the Bank Leumi on the G & M Partners loan.

Petitioner also testified that he owned GJM Auto Sales, Inc., a used car operation. GJM lost its license when petitioner moved from Arlington Heights. He testified that up to that point in 1986 he drew a salary from GJM of $550 per week net. On his 1985 tax return, petitioner listed a net loss of $1,002 from GJM. Petitioner testified that the business would probably close within the next two or three months.

In 1983, petitioner and a partner purchased a 25% interest in Pershing Auto Leasing, Inc.; each partner’s contribution was $187,500. Pershing was a business located in Florida dealing in the leasing or rental of automobiles. Petitioner moved to Florida and worked for Pershing until March 1985. Petitioner’s 1984 tax return reported an actual ordinary income loss of $41,948, and his 1985 return reported an actual ordinary loss of $120,633. In 1985, petitioner’s salary from Pershing was $12,692.24. Petitioner sold his interest in Pershing in March 1985, realizing a long-term capital gain of $55,444. The sales proceeds were used to pay off the loan to the bank which financed the purchase of Pershing. Petitioner also invested in the real estate in Florida on which Pershing maintained its offices. He receives gross income of approximately $1,000 per year from this investment.

When petitioner sold his interest in Pershing, he returned to Chicago and started a new business called Gold Coast Auto Leasing. Gold Coast paid most of his $l,800-per-month rent for his residential apartment. At the time of the hearing, Gold Coast was no longer paying his rent. As of September 1986, Gold Coast had borrowed $383,769.80 from the Bank Leumi, and petitioner estimated that the value of the vehicles owned by Gold Coast was approximately $310,000. Petitioner testified that he was drawing no income from the business at the time of the hearing and was working 15 to 20 hours a week at the business.

At the time of the hearing, petitioner was employed by Apple Rent-A-Car. While petitioner did not invest any money in Apple, he personally signed notes in the amount of $230,000 payable to the Bank Leumi. Petitioner worked at Apple approximately 50 to 60 hours per week. Petitioner at first did not receive compensation from Apple, but on October 1, 1986, he began receiving a gross salary of $750 per week, $550 net. Petitioner hoped to earn enough income to buy stock in the corporation.

In 1981, petitioner and a partner owned Malmo Drive Associates, the entity which owned the building where Standard Equipment maintained its offices. In 1981 petitioner earned income of $19,000 from Malmo. His 1982 tax return reported total partnership income of $57,421. This concern was dissolved in 1984 when the real estate was sold for a total partnership profit of $150,000.

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Cite This Page — Counsel Stack

Bluebook (online)
526 N.E.2d 496, 172 Ill. App. 3d 264, 122 Ill. Dec. 237, 1988 Ill. App. LEXIS 946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-eisenstein-illappct-1988.