In re Marriage of Harding

545 N.E.2d 459, 189 Ill. App. 3d 663, 136 Ill. Dec. 935, 1989 Ill. App. LEXIS 1513
CourtAppellate Court of Illinois
DecidedSeptember 29, 1989
DocketNo. 1—88—2114
StatusPublished
Cited by25 cases

This text of 545 N.E.2d 459 (In re Marriage of Harding) 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 Harding, 545 N.E.2d 459, 189 Ill. App. 3d 663, 136 Ill. Dec. 935, 1989 Ill. App. LEXIS 1513 (Ill. Ct. App. 1989).

Opinion

JUSTICE McNAMARA

delivered the opinion of the court;

Petitioner, Frances J. Harding, and respondent, Robert H. Harding, were married on June 26, 1954. Dissolution proceedings were instituted in January 1984, and on February 25, 1988, the trial court entered a judgment dissolving the marriage, awarding custody of the parties’ youngest child to petitioner, and disposing of contested matters of property, child support and maintenance. In connection with the distribution of property, on March 4, 1988, the trial court entered a qualified domestic relations order (QUADRO) distributing a portion of the Robert H. Harding, M.D., Ltd. Second Restated Employees’ Pension Plan and a portion of the Robert H. Harding, M.D., Ltd. Second Restated Employees’ Retirement Plan to petitioner. On June 8, 1988, the trial court denied petitioner’s section 2 — 1203 motion to vacate the judgment and/or for a rehearing, retrial or modification of the judgment. (Ill. Rev. Stat. 1985, ch. 110, par. 2 — 1203.) Petitioner appeals. The dissolution is not at issue.

At the time of trial, petitioner was 56 years old and respondent was 61. The parties had four children: Pamela, age 28; Rhonda, age 26; Laura, age 19; and Andrea, age 14. Laura was attending the University of Wisconsin, and Andrea was living in the marital home with petitioner.

Prior to the parties’ marriage, petitioner graduated from nursing school and received a registered nursing certificate. Respondent graduated from the Marquette Medical School in 1953. After the parties married, they moved to Cleveland, Ohio. Respondent completed his residency in dermatology at a Cleveland clinic while petitioner worked as a nurse at the clinic and as a private duty nurse. The parties remained in Cleveland for three years. During that time, they lived on petitioner’s income and on the $l,000-per-year fellowship which respondent received during his residency.

In July 1957, the parties moved to the Chicago area and respondent opened his medical practice in Arlington Heights. Petitioner initially worked as a nurse for another doctor in respondent’s office. Petitioner worked each morning and part of the afternoon for the other doctor, and then she worked for respondent and answered his telephone. Petitioner continued employment outside the home until April 1958, when she gave birth to the parties’ first child. After that, all of the files and financial cards of respondent’s patients were brought home, where petitioner worked on them. One room of the parties’ home was set up as an office where petitioner worked on respondent’s books. Petitioner estimated that she prepared billings for 700 to 800 patients per month. Petitioner also monitored and prepared billings for overdue accounts.

Each day after work, respondent took the day’s receipts in cash and in checks, as well as all of the mail, to the marital home and turned them over to petitioner. The cash averaged $1,000 per week. Petitioner added up the cash and put the total amount on top of the daily sheet. She also kept a record of the gross receipts. She sent the daily gross income figures to William Hogan, the parties’ business manager, each month.

Petitioner testified that she placed the cash received from respondent’s medical practice each week in a drawer in their home. She then used the $1,000 cash each week to pay for food, dry cleaning, gas, and other family expenses. Petitioner wrote a check each week on the parties’ personal account in the amount of the weekly cash collected. She deposited that check into the corporate bank account for respondent’s medical practice. Petitioner also deposited a check for $7,200 each month from the business account into the joint account for living expenses.

Respondent testified that this was the practice followed by the parties during the course of their marriage, but stated that the amount of cash kept in the drawer was approximately $50. Respondent had no contact or control over the monies he turned over to petitioner. Additionally, petitioner signed both parties’ names to all tax returns and hired consultants, financial advisors and accountants. Respondent testified that he occasionally wrote checks.

In addition to the daily receipts from respondent’s practice, all of the bookkeeping records were sent to petitioner. The office receptionist sent home a list of all the patients seen that day and the amount of the charge. The patient cards also were sent home. Each day, petitioner opened all the records that were sent home and sorted through the patient cards. She prepared account cards for new patients and entered the appropriate data on all patient cards.

Once each week, petitioner photocopied and filed the checks. Petitioner then asked one of the children to endorse all of the checks with a stamp. Pamela, the oldest child, testified that when she was a child, she helped her mother file biopsy slips, and alphabetize and endorse checks. Petitioner had a part-time typist helping her at home with the work from respondent’s medical practice.

Petitioner additionally handled patient inquiries regarding their bills and insurance information. She processed insurance forms and handled problems with unemployment compensation. Petitioner paid all of the bills and prepared the payroll.

Petitioner testified that she spent 45 to 50 hours per week just to keep the books of the medical practice current. Pamela testified that petitioner worked on the paperwork for 12 to 14 hours a day, 7 days a week. Hogan testified that in his opinion, 100 hours a week “might be a bit long,” but stated that the paperwork for respondent’s practice required a staff of two or three people. Petitioner began drawing a salary for her work in 1969. During the last two or three years she was involved in respondent’s practice, she grossed approximately $25,000 per year. On the advise of Hogan, petitioner placed the children on the payroll for the work which they performed for the medical practice. During the four-year period from 1980 to 1984, the children were paid a total of $45,000 in gross wages for the work they performed.

Respondent testified that he worked 70 hours a week, 10 to 14 hours daily during his peak years. He stated that he saw 600,000 patients in 30 years. Various witnesses testified that respondent saw 60 to 75 patients per day, or 400 to 600 patients per week. Hogan testified that respondent’s practice was in the 90th to 95th percentile in terms of volume. Respondent stated he was in the top 2% of the dermatologists in the country in terms of the volume of patients. Respondent went on very few vacations, although he attended some medical conventions.

Both parties are in relatively good health. Respondent is a diabetic. He walks 15 miles a week and plays golf three times a week. Petitioner is under the care of a physician for hypertension, for which she takes medication. She suffers from arthritis in the pelvis, knees, neck and hands, and takes aspirin to relieve the symptoms of her arthritis. Petitioner additionally suffers from a chronic bladder infection, for which she takes medication.

Both parties were collectors of various items. Respondent had a military history library of 16,000 volumes and other war memorabilia. He valued the collection at $150,000. Petitioner had a stamp collection. She testified that over the years, she spent $175,000 on stamps.

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Bluebook (online)
545 N.E.2d 459, 189 Ill. App. 3d 663, 136 Ill. Dec. 935, 1989 Ill. App. LEXIS 1513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-harding-illappct-1989.