In Re Marriage of Manker

874 N.E.2d 880, 375 Ill. App. 3d 465, 314 Ill. Dec. 515, 2007 Ill. App. LEXIS 956
Appellate Court of Illinois·Decided June 11, 2007·No. 4-06-0439·Published·Cited by 22 cases

Opinion

JUSTICE MYERSCOUGH

delivered the opinion of the court:

In March 2006, the trial court dissolved the marriage of petitioner, Robin Manker, and respondent, Patricia Manker. Patricia appeals, arguing error in the trial court’s decision (1) to retain jurisdiction on the allocation of petitioner’s Teachers’ Retirement System (TRS) pension until Patricia’s TRS pension is in pay status and (2) that Robin’s automated teller machine (ATM) withdrawals of funds from the marital checking and savings account after the couple’s separation were not dissipation of marital funds. Robin cross-appeals, arguing that (1) the trial court erred in its treatment of attorney fees as dissipation of marital assets and (2) the maintenance award must be modified if this court reverses on the issue of the trial court’s reservation of jurisdiction over the pensions. We affirm in part, reverse in part, vacate in part, and remand with directions.

I. BACKGROUND

Robin and Patricia were married on June 5, 1971. Their first son, Brad, was born in 1979. Their second son, Tyson, was born in 1982. In February 1992, Robin began a relationship with Karen Isom. That relationship lasted three months. On July 28, 2002, Robin moved out of the marital home. After Robin moved out, he lived with his parents for three months. Robin testified that he paid his parents $500 per month in rent. In 2003, Robin began dating Isom again. On August 18, 2003, Robin filed a petition for dissolution of marriage.

On December 7, 2004, Patricia filed a motion for temporary relief stating that she was paying the mortgage and all other household expenses. The motion requested that Robin’s benefit payments from TRS be divided equally so that Patricia would receive $1,781.29 per month.

Also on December 7, 2004, Patricia filed a motion requesting a preliminary injunction and reimbursement of assets to the marital estate. The motion alleged that Robin had been using marital funds to make rent payments to Isom. The motion specifically referenced a $4,000 check written by Robin to Isom, which was allegedly for 10 months’ rent at the rate of $400 per month. The motion also cited various expenditures made by Robin from marital funds for improvements on Isom’s home.

The motion requested that the trial court enter a preliminary injunction prohibiting Robin from paying marital funds to Isom, or to any other individual or entity on her behalf, throughout the course of the dissolution proceedings. The motion requested the court enter an order for Robin to reimburse the marital estate for the cost of the rent paid to Isom and the cost of the improvements on her home. The motion also requested Robin reimburse the estate for the cost of labor expended in improving her home.

On January 31, 2005, the trial court entered an order reflecting that the parties had stipulated that (1) Robin would pay Patricia, as a marital property adjustment, $750 per month retroactive to June 2, 2004, and continuing until the court ordered otherwise; (2) Robin will not expend marital funds for gifts to Isom; (3) Robin would cease any further cash payments to Isom; (4) Robin would cease expending funds toward the repair, upkeep, or improvement of Isom’s residence or other property of Isom’s during the pendency of the dissolution proceedings; (5) any expenses Robin contributes to Isom’s household must be reasonable; (6) reimbursement by Robin of amounts paid to Isom, including the $4,000 in rent, will be reserved until further order of the court; (7) Robin will pay Patricia $1,250, representing half of the $2,500 expenditures Robin expended to improve Isom’s home; and (8) Patricia agreed to return 14 enumerated items of personal property to Robin that were in her possession at the time.

The trial court held a hearing on April 1, 2005. Robin testified that he currently resided with his girlfriend, Isom. He and Isom began living together in October 2003. Robin retired on June 2, 2004. Robin testified that prior to the trial court’s order issued January 31, 2005, he had been paying Isom $400 per month in rent which he paid in one lump sum in June 2004 in the amount of $4,000 for 10 months’ rent. After the court’s order of June 2, 2004, Robin agreed not to make any further rent payments to Isom. Robin said he came to the $400 amount for rent by comparing prices of apartments in the local paper.

Robin testified that after he moved out, Patricia was concerned about being able to pay her bills. Robin offered to pay the remainder of the loan balance left on her car. The payment was $500 per month, and Robin testified he made payments until the loan was paid in full on Patricia’s car.

Patricia testified that she was currently employed as an elementary schoolteacher at Washington School in School District 117 in Jacksonville. She had worked for the past eight years at District 117 and for five years from 1974 through 1979 (at the end of 1979 she took maternity leave and then resigned).

Patricia testified that she currently had a total of 13 years of service at District 117 and that she had been given some credit for years she spent substitute teaching in the district. Patricia testified she was buying back credit for the time she spent on maternity leave. She was purchasing the maximum amount of credit she could, three years, for $12,000 plus $3,900 in interest for a total of $15,900. Patricia testified that her total years of service after buying the 3-year credit will be 16 years.

James K. Hagerman, a certified public accountant with Kerber, Eck, and Braeckel, testified that he specialized in the area of tax investments and financial planning. He testified for respondent; however, it was Patricia’s attorney who originally asked him to render his opinion on the valuation of each party’s TRS pensions.

He testified that in calculating the projected value of Patricia’s pension, he assumed a retirement age of 60. On June 30, 2004, the time Hagerman made his valuation of Patricia’s pension, Patricia had accumulated 13.78 years of service credit. In 1998, Patricia applied for an annuity benefit that would increase the return rate on her investment in her TRS benefit plan. She had been making payments to purchase the improved return rate since 1998.

Hagerman explained that, to project a value for Patricia’s pension, he started with the monthly annuity, then based on the retirement date (which for Patricia would be March 2009 based on a retirement age of 60) he would “run a stream of payments” from the retirement date until the end of the life-expectancy factor. In this case, Hagerman said that it consisted of a series of monthly payments of $1,005.15. Hagerman said he took this stream and used an interest rate to “bring that number back into today’s dollars, which is the present value.” The reason for this is that the number is not a sum of the projected monthly annuity, but instead it is based upon an assumed interest rate. Hagerman said that another way of explaining the process was that it is the amount of dollars it would take today invested over the period of her life expectancy to earn interest at an assumed rate that would result in the total sum, including principal and interest, to make that series of monthly payments.

Free access — add to your briefcase to read the full text and ask questions with AI

In Re Marriage of Manker, 874 N.E.2d 880, 375 Ill. App. 3d 465, 314 Ill. Dec. 515, 2007 Ill. App. LEXIS 956 (Ill. Ct. App. 2007).

874 N.E.2d 880 (In Re Marriage of Manker) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In re Marriage of Beltran
2025 IL App (3d) 240064-U (Appellate Court of Illinois, 2025)
In re Marriage of McAllister
2024 IL App (5th) 230409-U (Appellate Court of Illinois, 2024)
Stewart v. Dalton
2023 IL App (3d) 230110-U (Appellate Court of Illinois, 2023)
In re Marriage of Dave
2023 IL App (5th) 220114-U (Appellate Court of Illinois, 2023)
In re Marriage of Mostofi
2022 IL App (1st) 210324-U (Appellate Court of Illinois, 2022)
In re Marriage of Porikos-Gorgees
2021 WY 124 (Appellate Court of Illinois, 2021)
People v. Rodriguez
2021 IL App (1st) 200173 (Appellate Court of Illinois, 2021)
In re Marriage of Hamilton
2019 IL App (5th) 170295 (Appellate Court of Illinois, 2019)
In re Marriage of Stuhr
2016 IL App (1st) 152370 (Appellate Court of Illinois, 2016)
In re Marriage of Brown
2015 IL App (5th) 140062 (Appellate Court of Illinois, 2015)
In re Marriage of Berberet
2012 IL App (4th) 110749 (Appellate Court of Illinois, 2012)
In re Marriage of Awan
Appellate Court of Illinois, 2009
In re Marriage of Walker
Appellate Court of Illinois, 2008
In Re Marriage of Tabassum and Younis
881 N.E.2d 396 (Appellate Court of Illinois, 2007)
In re Marriage of Tabassum
Appellate Court of Illinois, 2007