In Re Marriage of Scafuri

561 N.E.2d 402, 203 Ill. App. 3d 385, 149 Ill. Dec. 124, 1990 Ill. App. LEXIS 1540
CourtAppellate Court of Illinois
DecidedOctober 2, 1990
Docket2-89-1131
StatusPublished
Cited by44 cases

This text of 561 N.E.2d 402 (In Re Marriage of Scafuri) 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 Scafuri, 561 N.E.2d 402, 203 Ill. App. 3d 385, 149 Ill. Dec. 124, 1990 Ill. App. LEXIS 1540 (Ill. Ct. App. 1990).

Opinion

JUSTICE McLAREN

delivered the opinion of the court:

Petitioner, Ralph Scafuri, appeals from several orders entered by the circuit court of Kane County relating to issues surrounding his dissolution of marriage from respondent, Pamela Scafuri. Ralph alleges seven instances of error: (1) the court’s child support award was based upon erroneous calculations of Ralph’s net income; (2) the court’s award of $10,000 per month in child support was excessive; (3) the court’s valuation of Ralph’s interest in a medical practice was improper; (4) the court’s distribution of marital assets was improper; (5) the court’s reservation of maintenance for five years was improper; (6) the court’s imposition of an interest rate of 1% over prime on a $375,000 “balancing” cash payment to Pamela was improper; and (7) the court’s order requiring Ralph to pay 90% of Pamela’s attorney fees was improper.

The parties were married on December 27, 1972, and had three children. Ralph graduated from medical school in 1976 and is an orthopedic surgeon. He is a part owner of Orthopedic and Spine Surgery Associates (OSSA) and Orthopedic and Sports Rehabilitation Clinic Management, Inc. (OSRCM). Ralph filed a petition for dissolution of marriage on January 27, 1987. A hearing to resolve all issues was begun on January 25,1988.

Ralph and Pamela each testified as to their respective education and employment backgrounds, present and potential income and expense levels, vacation expenses, assets and liabilities, and child care responsibilities. Ralph also testified in detail as to his business and investment interests. Ralph also presented testimony from several other witnesses to explain the financial details of his medical practice and other business interests. Each party presented expert testimony as to the value of Ralph’s medical practice and other various business and investment interests. Likewise, each party presented expert testimony as to the value of the marital residence.

The court rendered a written memorandum of opinion on August 2, 1988, and entered a judgment of dissolution on January 5, 1989. The judgment order awarded the parties joint custody of their three children with physical custody placed with Pamela. A visitation schedule was also set forth in the order. The court also ordered Ralph to pay $10,000 per month for child support. The court noted that this sum represented approximately 32% of Ralph’s statutory net income as found by the court.

The court reserved the question of maintenance for a period of five years. The court found this to be necessary as “the level of future earnings and needs of the parties is uncertain,” and “[t]he ability to review financial data for future periods (upon motion by any party hereto) will be necessary to assess fairly this issue in the next five (5) years.”

The court also made a property distribution award. The court found that it was necessary to give Pamela a “balancing” cash award of $375,000 due to the substantial portion of marital property represented by Ralph’s medical practice. The court also ordered this sum to be paid in quarterly installments over a 10-year period. Ralph was ordered to pay interest at the rate of 1% over prime on the unpaid balance. The court found that these payments would make the overall division of marital property approximately 55% to Pamela and 45% to Ralph.

On February 6, 1989, Ralph filed a post-trial motion for rehearing, retrial, modification, or to vacate the order of January 5, 1989. On April 17, the court conducted a hearing on the post-trial motion and the remaining issue of attorney fees. On July 26, the court entered an order denying Ralph’s motion and ordering Ralph to pay approximately $68,000, about 90%, of Pamela’s attorney fees. The court modified the award of attorney fees in August and September with the final order being entered on October 2. The court found Pamela to be liable to her attorneys for the sum of $74,516. Ralph was ordered to pay $67,064 of this obligation with the remainder charged to Pamela.

Ralph filed a notice of appeal attacking the court’s orders of January 5, July 26, August 16, September 12, and October 2,1989.

The first contention we address is that the court erred in calculating Ralph’s net income for child-support purposes. Ralph argues that the court erroneously inflated several items of income and disregarded several debt obligations in arriving at net income. Specifically, Ralph argues that the court erred by including $22,500 of income from OSRCM, and $40,000 of income from OSSA’s reserve account in Ralph’s net income. Ralph asserts that the $22,500 figure should really be only $14,500, and the $40,000 figure should be omitted in its entirety. Additionally, Ralph objects to the court’s treatment of several debt obligations. Ralph contends that these obligations represent “[expenditures for repayment of debts that represent reasonable and necessary expenses for the production of income” (111. Rev. Stat. 1989, ch. 40, par. 505(a)(3)(h)) and should have been deducted from income to arrive at net income. Although Ralph points out that the court did not make specific findings regarding net income in its January 5, 1989, judgment order, the court did set forth a detailed discussion of its determination of net income in its opinion letter of August 2,1988.

The trial court’s letter opinion is quite clear in demonstrating that the court carefully reviewed the appropriate factors in arriving at net income. The court based its net income determination on the figures contained in Pamela’s trial brief with certain adjustments. The court also rejected several items of indebtedness as set forth by Ralph. The court specifically discussed and provided its reasoning for rejecting the three items of indebtedness that Ralph claims should have been deducted to arrive at net income. These findings are within the trial court’s discretion. The court did not abuse its discretion in determining net income.

Ralph next contends that the court erred in awarding child support of $10,000 per month. Since the parties had three children, the court used the statutory guideline of 32% of Ralph’s net income to determine the amount of support to be paid. (See Ill. Rev. Stat. 1989, ch. 40, par. 505(a)(1).) Ralph argues that using the guideline was error in this case and the court should have deviated downward from the guideline.

The amount of a child support award is within the discretion of the trial court and will not be disturbed absent an abuse of discretion. (In re Marriage of Dwan (1982), 108 Ill. App. 3d 808, 812.) The guidelines establish a beginning point for analysis. (In re Marriage of Blaisdell (1986), 142 Ill. App. 3d 1034, 1040.) “No judge should, or properly could, surrender the responsibilities of considering all relevant factors dictated by Illinois law in reaching an appropriate result.” (Blaisdell, 142 Ill. App. 3d at 1040.) The guidelines shift the burden of presenting evidence to the parent who is asking the court to deviate from the guidelines in setting a child support award. In re Marriage ofRogliano (1990), 198 Ill. App. 3d 404, 411.

Ralph contends that he met his burden of establishing that the child support award should have been below the statutory guideline.

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

Related

In re Marriage of Cherry
2023 IL App (4th) 220994-U (Appellate Court of Illinois, 2023)
In re Marriage of Folley
2021 IL App (3d) 180427 (Appellate Court of Illinois, 2021)
In re Marriage of Blume
2016 IL App (3d) 140276 (Appellate Court of Illinois, 2016)
In re Marriage of Hill
2015 IL App (2d) 140345 (Appellate Court of Illinois, 2015)
In re Marriage of Micheli
2014 IL App (2d) 121245 (Appellate Court of Illinois, 2014)
In Re Marriage of Romano
2012 IL App (2d) 091339 (Appellate Court of Illinois, 2012)
In re Marriage of Anderson
Appellate Court of Illinois, 2010
In Re Marriage of Wojcik
838 N.E.2d 282 (Appellate Court of Illinois, 2005)
In re Keon C.
Appellate Court of Illinois, 2003
Longo v. Globe Auto Recycling, Inc.
Appellate Court of Illinois, 2001
In re Marriage of Singleteary
Appellate Court of Illinois, 1997
In re Marriage of Charles
Appellate Court of Illinois, 1996
Villanueva v. O'Gara
668 N.E.2d 589 (Appellate Court of Illinois, 1996)
In Re Marriage of Freesen
655 N.E.2d 1144 (Appellate Court of Illinois, 1995)
In Re the Marriage of Sievers
897 P.2d 388 (Court of Appeals of Washington, 1995)
Department of Public Aid Ex Rel. McGinnis v. McGinnis
643 N.E.2d 281 (Appellate Court of Illinois, 1994)
In Re Marriage of Ward
641 N.E.2d 879 (Appellate Court of Illinois, 1994)
In Re Marriage of Marriott
636 N.E.2d 1141 (Appellate Court of Illinois, 1994)
In Re Paternity of Perry
632 N.E.2d 286 (Appellate Court of Illinois, 1994)
Contract Development Corp. v. Beck
627 N.E.2d 760 (Appellate Court of Illinois, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
561 N.E.2d 402, 203 Ill. App. 3d 385, 149 Ill. Dec. 124, 1990 Ill. App. LEXIS 1540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-scafuri-illappct-1990.