In Re Marriage of Rapacz

482 N.E.2d 441, 135 Ill. App. 3d 1045, 90 Ill. Dec. 622, 1985 Ill. App. LEXIS 2349
CourtAppellate Court of Illinois
DecidedAugust 21, 1985
Docket84—706, 84—973 cons.
StatusPublished
Cited by14 cases

This text of 482 N.E.2d 441 (In Re Marriage of Rapacz) 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 Rapacz, 482 N.E.2d 441, 135 Ill. App. 3d 1045, 90 Ill. Dec. 622, 1985 Ill. App. LEXIS 2349 (Ill. Ct. App. 1985).

Opinion

PRESIDING JUSTICE NASH

delivered the opinion of the court:

Respondent, Carol Rapacz (wife), appeals from portions of the judgment of dissolution of her marriage to plaintiff, Raymond J. Rapacz (husband), which awarded child support and maintenance and divided marital property. In a separate appeal which we have consolidated here, the wife also contends the trial court erred in declining to enforce an agreement by the husband to pay a certain debt.

The evidence disclosed these parties were married in 1970; the husband was 38 years of age, the wife 36 and they had one child who was born in 1981. The husband is a physician specializing in cardiology who earned $217,000 in 1982, and $204,000 in 1983. The wife has a college degree and was employed for 11 of the 13 years of the marriage in the data processing-computer fields for Sears and International Harvester; she stopped working in 1981 when their child was born. The wife earned $32,000 in the last year of her employment.

The marital property of the parties was valued at $951,238.10 of which $755,023.10 (79.4%) was awarded to the husband and $196,215 (20.6%) was awarded to the wife. The wife was also awarded 24 shares of Standard Oil stock, sterling silver, bedroom set and certain plates as her nonmarital property. The trial court found the two-year-old child required $2,500 monthly support from his father and the wife required maintenance for five years until the child attends school full time and then for her rehabilitation. For these purposes, the court awarded $4,000 per month in unallocated support for a period of 60 months.

The wife argues first that the judgment limited the husband’s obligation for child support to 60 months, when the child will still not be emancipated, and was against public policy.

In Illinois, the parental duty of support generally extends until a child’s emancipation, unless otherwise agreed in writing by the parties or expressly provided in the judgment. (Ill. Rev. Stat. 1983, ch. 40, par. 510(c); Finley v. Finley (1980), 81 Ill. 2d 317, 325, 410 N.E.2d 12.) It is clear, and the parties both state, they have not agreed to such termination at the end of the 60 month period and neither does the judgment so provide. The judgment at first expressly provided that when maintenance for the wife ceased after 60 monthly payments the husband would remain liable for support of their child in an amount to be determined by agreement or court order. That phrase was stricken, however, after an objection by the wife’s attorney, the court noting it was only trying by it to prevent an unnecessary court appearance by the parties.

The wife will not now be heard to complain of any error induced by her conduct. (See Ziebell v. Board of Trustees (1979), 73 Ill. App. 3d 894, 392 N.E.2d 101; Martin v. McIntosh (1976), 37 Ill. App. 3d 526, 346 N.E.2d 450.) In any event, it is apparent that if the parties cannot agree upon child support after cessation of the unallocated support provided in the decree, such cessation would present a substantial change in circumstances which would permit modification of the judgment for dissolution upon petition of a party (see Ill. Rev. Stat. 1983, ch. 40, par. 510(a)), and support for the minor child will then be determined by the court.

The wife next contends the trial court abused its discretion by awarding a disproportionate share of marital property to the husband; that division was as follows:

Husband
West Suburban Cardiologist, Ltd. Stock (50% interest) $ 580,930.00
Pension plan 105,508.00
Profit-sharing plan 85,000.00
Mid America Federal No. 238828779 (Money Market account) 11,051.00
Mid America Federal No. 11-016-0553 (Savings account) 319.00
$ 782,808.00
Less wife’s attorney fees -27,784.90
Net................................$ 755,023.10
Wife
Marital residence, $ 194,000.00
less mortgage -130,000.00
64,000.00
Heritage Oaks vacant lot, 150,000.00
less mortgage -22,050.00
127,950.00
Sears Roebuck Stock (wife’s profit sharing -122 shares) 3,965.00
Citizen National Bank (checking account) 300.00
4,265.00
Net................................$ 196,215.00
Total marital assets $951,238.10
Husband’s net total $755,023.10 (79.4%)
Wife’s net total $196,215.00 (20.6%)

The distribution of marital property rests within the sound discretion of the trial court and will not be disturbed absent abuse. (In re Marriage of Miller (1983), 112 Ill. App. 3d 203, 207, 445 N.E.2d 811; In re Marriage of Legge (1982), 111 Ill. App. 3d 198, 207-08, 443 N.E.2d 1089, appeal denied (1983), 93 Ill. 2d 542.) In determining whether the trial court abused its discretion the question is whether the court, in view of all the circumstances, so exceeded the bounds of reason that no reasonable man would take the view it adopted. (In re Marriage of Miller (1983), 112 Ill. App. 3d 203, 207, 445 N.E.2d 811; In re Marriage of Lee (1979), 78 Ill. App. 3d 1123, 1127, 398 N.E.2d 126.) While the Illinois Marriage and Dissolution of Marriage Act does not mandate equal distribution of marital assets between spouses, the property must be divided in “just proportion,” taking into account listed factors. (In re Marriage of Aschwanden (1980), 82 Ill. 2d 31, 37, 411 N.E.2d 238; In re Marriage of Sevon (1983), 117 Ill. App. 3d 313, 318, 453 N.E.2d 866; Ill. Rev. Stat., 1984 Supp., ch. 40, par. 503(d) (formerly par. 503(c)).) The touchstone of proper apportionment is whether it is equitable in nature (In re Marriage of McNeeley (1983), 117 Ill. App. 3d 320, 325, 453 N.E.2d 748; In re Marriage of Campise (1983), 115 Ill. App. 3d 610, 615, 450 N.E.2d 1333), and each case rests on its own facts. In re Marriage of Bentivenga (1982), 109 Ill. App. 3d 967, 972, 441 N.E.2d 336.

The trial court has great discretion in applying the factors noted in the statute (Ill. Rev. Stat., 1984 Supp., ch. 40, par.

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Bluebook (online)
482 N.E.2d 441, 135 Ill. App. 3d 1045, 90 Ill. Dec. 622, 1985 Ill. App. LEXIS 2349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-rapacz-illappct-1985.