In Re Marriage of Scoville

598 N.E.2d 1026, 233 Ill. App. 3d 746, 174 Ill. Dec. 394, 1992 Ill. App. LEXIS 1369
CourtAppellate Court of Illinois
DecidedAugust 28, 1992
Docket5-91-0042
StatusPublished
Cited by16 cases

This text of 598 N.E.2d 1026 (In Re Marriage of Scoville) 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 Scoville, 598 N.E.2d 1026, 233 Ill. App. 3d 746, 174 Ill. Dec. 394, 1992 Ill. App. LEXIS 1369 (Ill. Ct. App. 1992).

Opinion

JUSTICE CHAPMAN

delivered the opinion of the court:

Linda Seoville appeals from a judgment of dissolution of marriage, contesting the trial court’s division of property, the award of maintenance and child support, and the award of attorney fees and costs. We reverse and remand.

The parties were married in December of 1968 and their child was bom in 1978. On December 20, 1990, the trial court entered an order dissolving the marriage and awarding custody of the child to Linda, 48, and visitation to Jack, 53. The court ordered Jack to pay maintenance in the amount of $450 per month for four years and retained jurisdiction to review maintenance not later than four years from the date of judgment. Jack was also ordered to maintain Linda on his health insurance during this period and to pay one-half of the premiums for her coverage. The trial court further ordered Jack to pay child support of $750 per month, to provide medical and dental insurance for the child and to pay all medical and dental expenses of the child not covered by insurance. Linda’s attorney fees and costs totaled $10,203.53. Jack was also required to pay $4,000 of that total.

Because the issues on appeal concern the division of property, we will begin by examining the trial court’s distribution of the property using the chart below.

TRIAL COURT’S DISTRIBUTION OF PROPERTY
KEY
* Value stipulated to by the parties.
** No finding of value by court but undisputed in record.
* * * No finding of value by court and disputed in record.
**** The parties stipulate as to the current value but dispute the classification of this asset.
Property Assigned or Awarded to Husband
Nonmarital Value
Husband’s interest in Pike County land including interest in Scoville estate and property gifted to him which is marital
no finding ***
Guns no finding
Gross Avenue lot in East St. Louis $ 1,500 **
Coffee table in sunroom no finding
Marital
(a) BBJJ land trust (Stages nightclub) no finding ***
(b) Magna Trust 6511 (Popeye’s) no finding ***
(c) Oak Glen apartments no finding ***
(d) 1989 income tax overpayment on parties’ personal tax return $11,000 **
(e) IRA in husband’s name $29,914 *
(f) Dow Chemical stock (both parties) $11,795 *
(g) V2 interest in hog barn no finding ***
(h) Vs interest in lot (Tim & Joe’s) no finding ***
(i) V2 of 1986 tax refund $ 5,857 *
(j) V2 Magna Group stock $15,592 *
(k) V2 Mark Twain stock— $12,675 * value as of 6-1-99
(1) V2 of 1989 tax overpayment, $ 500 ** J. Scoville, Ltd.
(m) Oriental rug no finding ***
(n) Household furniture and furnishings no finding *** in husband’s possession
(0) V2 interest in a boat $ 3,600 **
(p) 1987 Bronco automobile $ 7,000 *
(q) Husband’s share of proceeds from $ 5,250 ** hospital contents investment
(r) First & St. Clair property $ 4,500 *
Mise.
Certificate of deposit— $17,083 **** Jack Scoville, Ltd.
Marital Debt Assigned to Husband
Policy loan against cash value of $ 6,945 life insurance awarded to wife
25% share of $980,000 debt on Magna $245,000 Trust 6511 (Popeye’s)
40% share of $50,000 loan to BBJJ $ 20,000 land trust (Stages) made 8-6-90
Note payable to acquire 15% $ 35,000 interest in Stages
Note on Oak Glen apartments $160,000
Property Assigned or Awarded to Wife
Nonmarital Value
1983 Mustang automobile $ 4,000 *
Jewelry no finding
Secretary from the living room
Saddle mirror in basement
Dresser in child’s room
no finding
no finding
no finding
Marital
(a) Keough at Mark Twain
(b) IRA in wife’s name
(c) Cash value in life insurance
(d) Cash value in life insurance ($11,944 minus loan amount of $6,945)
(e) Hunter garage property (amount due from purchaser)
(f) 1984 station wagon
(g) Marital residence with household furnishings
(h) V2 of 1986 tax refund
(i) V2 of 1989 tax refund owed to Jack Scoville, Ltd.
(j) V2 of Magna Group stock
(k) V2 of Mark Twain stock-value as of 6-1-99—
(l) Real estate account—
First Illinois Bank
(m) Oil painting
$ 1,195 *
$34,763 *
$10,099 *
$ 4,999 *
$14,570 *
$ 2,000

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Bluebook (online)
598 N.E.2d 1026, 233 Ill. App. 3d 746, 174 Ill. Dec. 394, 1992 Ill. App. LEXIS 1369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-scoville-illappct-1992.