In Re Marriage of Hubbs

843 N.E.2d 478, 363 Ill. App. 3d 696, 300 Ill. Dec. 220, 2006 Ill. App. LEXIS 60
CourtAppellate Court of Illinois
DecidedFebruary 1, 2006
Docket5-05-0013
StatusPublished
Cited by56 cases

This text of 843 N.E.2d 478 (In Re Marriage of Hubbs) 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 Hubbs, 843 N.E.2d 478, 363 Ill. App. 3d 696, 300 Ill. Dec. 220, 2006 Ill. App. LEXIS 60 (Ill. Ct. App. 2006).

Opinion

JUSTICE WELCH

delivered the opinion of the court:

The respondent, Mark A. Hubbs, appeals a judgment of dissolution that dissolved his marriage to the petitioner, Peggy S. Hubbs. On appeal, Mark challenges the circuit court’s division of marital property and the circuit court’s award of child support. For the reasons that follow, we affirm.

On October 10, 1987, Mark and Peggy were married. Three children were born to the marriage: Trevor (born April 20, 1990), Hillary (born April 6, 1992), and Adam (born May 26, 1995). In July 2002, the marriage began an irreconcilable breakdown. On February 10, 2003, Peggy filed a petition to dissolve the marriage.

On June 16, 2004, the parties entered into a joint parenting agreement, wherein the parties agreed to share the custody of the children. The agreement further provided that Peggy would be the primary residential custodian for Hillary and Adam and that Mark would be the primary residential custodian for Trevor.

On June 21, 2004, a hearing was conducted to address all the remaining issues. At the hearing, each party presented evidence of his or her assets, liabilities, current employment, recent expenses, and current living expenses. After hearing the evidence, the circuit court took the matter under advisement.

On August 31, 2004, the circuit court entered a judgment dissolving the marriage. In the judgment, the circuit court awarded Mark $363,298 in marital assets and awarded Peggy $409,684 in marital assets. The circuit court ordered Mark to pay $1,167 per month in child support, and to the extent that Mark’s annual gross income exceeds $115,000 in any calendar year, Mark has been ordered to pay Peggy 13% of all excess gross income as additional child support.

On September 28, 2004, Mark filed a posttrial motion asking the circuit court to reconsider its judgment. The circuit court denied Mark’s motion. Mark now brings this appeal.

The first issue raised by Mark on appeal is whether the circuit court erred in dividing the marital property. The circuit court awarded Mark 47% of the marital property and awarded Peggy 53% of the marital property. Mark’s award of marital property included, inter alia, $65,318 representing marital assets dissipated by Mark, a 1995 Cruisers 2970 Rogue boat that the circuit court valued at $41,450, and a Kubota tractor that the circuit court valued at $14,000. On appeal, Mark challenges the circuit court’s finding that Mark dissipated $65,318 worth of marital assets, the circuit court’s valuation of the 1995 Cruisers Rogue boat, and the award of the Kubota tractor. In addition, Mark contends that an award of 53% of the marital property to Peggy and 47% of the marital property to Mark was in error. We shall address each of these arguments in turn, but before doing so, we shall set forth the appropriate standard of review, which is disputed by the parties.

On appeal, Mark contends that the circuit court’s findings of dissipation, of the value of certain marital property, and of the ultimate division of marital property are to be reviewed under a manifest-weight-of-the-evidence standard. To the contrary, Peggy asks that we review these claims under an abuse-of-discretion standard. Each party cites authority for his or her proposed standard of review.

Recently, our brethren in the Second District have tried to bring clarity to the appropriate standard for the review of circuit court decisions pertaining to dissipation, the valuation of property, and the ultimate division of marital property. In In re Marriage of Vancura, 356 Ill. App. 3d 200 (2005), the appellate court noted that both a manifest-weight-of-the-evidence standard of review and an abuse-of-discretion standard of review have been applied by the appellate court when reviewing decisions by the circuit court on the above-stated topics. See In re Marriage of Zweig, 343 Ill. App. 3d 590, 596 (2003) (an abuse-of-discretion standard of review was applied to the circuit court’s determination of dissipation); In re Marriage of Rai, 189 Ill. App. 3d 559, 565 (1989) (a manifest-weight-of-the-evidence standard was applied to the circuit court’s determination of dissipation); In re Marriage of Heinze, 257 Ill. App. 3d 782, 791 (1994) (an abuse-of-discretion standard of review was applied to the circuit court’s valuation of assets); In re Marriage of Cutler, 334 Ill. App. 3d 731, 736 (2002) (a manifest-weight-of-the-evidence standard of review was applied to the circuit court’s valuation of assets); In re Marriage of Nelson, 297 Ill. App. 3d 651, 658 (1998) (an abuse-of-discretion standard of review was applied to the circuit court’s division of marital property); In re Marriage of Koberlein, 281 Ill. App. 3d 880, 886 (1996) (a manifest-weight-of-the-evidence standard of review was applied to the circuit court’s division of marital property). After providing some insight into the differing standards of review, our brethren ultimately concluded that the review of a circuit court’s determinations on dissipation and the valuation of marital property should be conducted under a manifest-weight-of-the-evidence standard of review and that the review of the circuit court’s determination on the ultimate division of marital property should be conducted under an abuse-of-discretion standard of review. The reason for this is that the issues of dissipation and the valuation of marital assets are generally factual determinations to which a manifest-weight-of-the-evidence standard of review is generally applicable. On the other hand, the circuit court’s decision on the ultimate division of marital property depends upon a circuit court’s view of the facts in conjunction with prevailing relevant statutory factors, and so the circuit court is accorded more discretion when mating this determination, resulting in an abuse-of-discretion standard of review being more appropriate. In re Marriage of Vancura, 356 Ill. App. 3d at 205. We agree with the analysis and conclusions regarding the appropriate standards of review set forth by the court in In re Marriage of Vancura and shall apply them accordingly.

We turn now to the first argument raised by Mark on appeal— whether the circuit court erred in finding that Mark dissipated $65,318 worth of marital assets. Dissipation refers to a spouse’s use of marital property for his or her sole benefit for a purpose unrelated to the marriage at a time when the marriage is undergoing an irreconcilable breakdown. In re Marriage of Miller, 342 Ill. App. 3d 988, 994 (2003). Whether a party has dissipated marital assets depends upon the facts of a particular case. In re Marriage of Tietz, 238 Ill. App. 3d 965, 983 (1992). “The spouse charged with dissipation of marital funds has the burden of showing, by clear and specific evidence, how the marital funds were spent.” In re Marriage of Tietz, 238 Ill. App. 3d at 983. If the expenditures are not documented adequately by the party charged with dissipation, courts will affirm a finding of dissipation. In re Marriage of Tietz, 238 Ill. App. 3d at 984. General and vague statements that funds were spent on marital expenses or to pay bills are inadequate to avoid a finding of dissipation. In re Marriage of Tietz, 238 Ill. App. 3d at 984.

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Bluebook (online)
843 N.E.2d 478, 363 Ill. App. 3d 696, 300 Ill. Dec. 220, 2006 Ill. App. LEXIS 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-hubbs-illappct-2006.