In Re Marriage of Thornley

838 N.E.2d 981, 361 Ill. App. 3d 1067, 298 Ill. Dec. 88, 2005 Ill. App. LEXIS 1129
CourtAppellate Court of Illinois
DecidedNovember 9, 2005
Docket4-05-0178
StatusPublished
Cited by12 cases

This text of 838 N.E.2d 981 (In Re Marriage of Thornley) 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 Thornley, 838 N.E.2d 981, 361 Ill. App. 3d 1067, 298 Ill. Dec. 88, 2005 Ill. App. LEXIS 1129 (Ill. Ct. App. 2005).

Opinion

PRESIDING JUSTICE COOK

delivered the opinion of the court:

On November 24, 2003, Stephanie Thornley filed a petition for dissolution of her marriage to Jason Thornley. A Sangamon County trial court found that the factors it considered in dividing the marital estate favored an unequal distribution to Stephanie and awarded a greater share of the marital property to her. The court also ordered Jason to pay Stephanie $18,000 maintenance in gross. Jason appeals, arguing that the court improperly distributed marital property and debt and lacked the authority to award Stephanie maintenance. We affirm.

I. BACKGROUND

Stephanie and Jason Thornley married on June 30, 2001. They had no children as a result of the marriage. The couple separated in August 2003, and Stephanie filed a petition for dissolution of marriage on November 24, 2003. In the petition, she requested an order awarding her an equitable share of the marital property and “denying maintenance to the [petitioner and [respondent. ” The trial court held a hearing on October 13, 2004, at which the following was elicited.

Stephanie testified that during the marriage she was employed full time. She earned approximately $900 every two weeks. Jason was not employed, but attended Palmer College of Chiropractic. He periodically received money for living expenses. Stephanie believed that the amount averaged $2,500 on each occasion, but Jason testified that he received approximately $5,000 for living expenses per trimester, which he had to repay as part of his student loans. The couple had been married for seven trimesters before they separated, so Jason estimated that he had received about $35,000 for living expenses while they were together. However, Jason later stated that Palmer College charged him $120,000 for his 10 trimesters at the school, and he received $140,000 in student loans, including the money for living expenses.

The couple deposited Stephanie’s paycheck and Jason’s living expenses funds into a joint checking account. Jason acknowledged that the majority of the deposits into the account were from Stephanie’s employment. They paid some of Jason’s school expenses from the account, including $350 for Jason’s board exam and $2,190 and $5,835 payments to Palmer College. On November 25, 2003, Stephanie withdrew $4,191.82 from the account, leaving a balance of $3,086.09.

Stephanie and Jason also had a Morgan Stanley brokerage account that they funded with money from their checking account. Stephanie testified that in June 2004 she withdrew the entire balance, $7,166.38, but had not cashed the check she received.

Stephanie stated that she had a City American Airlines MasterCard in her name and that Jason was a cardholder. She submitted statements reflecting various charges Jason made at the Palmer College bookstore. He did not reimburse her for those amounts.

Jason had opened a Verizon credit card prior to the marriage. Stephanie was not a signatory. Jason admitted that Stephanie had paid the balance on the card before the two married. He estimated that the amount had been $2,000, but Stephanie believed that it was about $3,000. After they married, the couple occasionally used the Verizon card, such as for some expenses from their trip to Fiji and Australia. Stephanie estimated that they charged $2,000 on the Verizon card together. Jason stated that the current balance on the Verizon card was $8,578.

Jason testified that he had opened an MBNA credit card after he and Stephanie separated. The balance at the time of the hearing was $5,284.

Stephanie testified that during their marriage she and Jason paid two loans that Jason had obtained prior to their marriage, estimating a $2,000 payment to Illinois State University and a $1,000 payment to Monmouth College. However, Jason testified that the couple had only paid a Monmouth College loan for $500. He stated that he had sent a check for $1,660 to Illinois State University, but the University sent the check back without cashing it because the loan had been consolidated into his other loans.

Stephanie and Jason had two cars, a 2001 Malibu and a 2002 Yukon. Stephanie testified that her parents had given her the Malibu as a gift prior to her marriage to Jason. The car had been titled to “Stephanie M. Seitz and Jason R Thornley” because they had been engaged to be married at the time. Jason had that car in his possession at the time of the hearing. Stephanie’s parents had given her the Yukon while she was married to Jason. Both Stephanie’s and Jason’s names were on the title. Stephanie had that car at the time of the hearing.

Jason offered into evidence Kelly Blue Book estimates of each car’s value. The trade-in value for the Malibu was $2,670, private party value was $4,710, and retail value was $8,090. However, it had some damage from an accident that Jason and Stephanie had agreed not to repair. The trade-in value for the Yukon was $14,805, private party value was $18,285, and retail value was $23,360.

During the marriage, Stephanie and Jason opened a Sears credit card to purchase a washer and dryer for about $800. They had paid off the account. Jason had possession of the washer and dryer at the time of the hearing, but stated that he did not object to them going to Stephanie.

Jason’s affidavit of income and expenses estimated his expenses as $345 per month. He testified that he lived with his girlfriend, who contributed to his living expenses. Jason’s school loans were in forbearance for a year, but he believed that he will eventually have to pay about $596 per month.

Jason stated that he had finished his education and was employed as a teacher by Metropolitan Community College. He was teaching because he was waiting for the results of his board exam and license. His gross income was $2,143.76 per month. Jason stated that a new chiropractor can earn between $10,000 and $50,000 a month. He planned to work for an individual after he received his license but had made no agreements with anyone.

On January 31, 2005, the trial court entered a memorandum of opinion stating in part, “In dividing the marital estate, the court must consider the contribution each party made to the accumulation of the assets and liabilities of the marriage; the ability of each party to accumulate assets in the future; and the relative economic circumstances of the parties. Each factor favors an unequal distribution to Ms. Thornley.” The court awarded the proceeds from the brokerage account, the washer and dryer, and the Yukon to Stephanie. It awarded Jason the Malibu. Each party received the other personal property in his or her possession and bank accounts in his or her name. Each had the responsibility to pay the financial obligations in his or her name.

Citing section 504(a)(10) of the Illinois Marriage and Dissolution of Marriage Act (Dissolution Act) (750 ILCS 5/504(a)(10) (West 2004)), the trial court then considered Stephanie’s contributions to Jason’s education, training, career or career potential, and license. It awarded Stephanie $18,000 maintenance in gross, to be paid in 24 monthly installments of $750, beginning January 1, 2005.

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Cite This Page — Counsel Stack

Bluebook (online)
838 N.E.2d 981, 361 Ill. App. 3d 1067, 298 Ill. Dec. 88, 2005 Ill. App. LEXIS 1129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-thornley-illappct-2005.