In Re Marriage of Tietz

605 N.E.2d 670, 238 Ill. App. 3d 965, 178 Ill. Dec. 876, 1992 Ill. App. LEXIS 2070
Appellate Court of Illinois·Decided December 23, 1992·No. 4-92-0160·Published·Cited by 86 cases

Opinion

JUSTICE KNECHT

delivered the opinion of the court:

The marriage of petitioner, Elizabeth Dick Tietz, and respondent, Christopher Martin Tietz, was dissolved on July 25, 1991. The court took under advisement all remaining issues. On October 16, 1991, it filed a memorandum of decision, and on November 15, 1991, entered a supplemental judgment of dissolution resolving all remaining issues. Respondent appeals the supplemental judgment relating to the award of maintenance, the valuation of his law practice, the award of child support, and the division of marital property. Petitioner cross-appeals, contending the court erred in finding respondent did not dissipate the marital assets. We affirm.

The parties were married on July 16, 1976, and separated on September 20, 1990. Two children were bom of the marriage, Aaron Carl Tietz, bom on March 23, 1982, and Eric Joseph Tietz, bom on July 17, 1985. On November 29, 1990, petitioner filed a petition for dissolution of the marriage, and respondent later filed a counterpetition.

At the time of the initiation of the dissolution proceedings, the parties were both 38 years old. Petitioner does not work outside the home. She has a bachelor’s degree in education and psychology from the-University of Illinois and a master’s degree in education from Illinois State University. She taught from January 1976 to the end of the school year in 1981 and then began another job outside the teaching field until their first child was bom in 1982. Although she has not returned to work since the children were bom, she has maintained her teaching certificate in good standing. Respondent was a practicing attorney at the time the parties married and has continued to practice.

In 1990, petitioner was diagnosed with Bartter’s syndrome. This syndrome results from a defect in the kidney which leads to a wasting of potassium and magnesium. The effect of the reduced level of these elements results in muscle weakness which causes fatigue and requires daily rest periods. Petitioner takes medication to compensate for the low potassium and magnesium levels, but has not been restored to her prior health status.

Dr. James Neviackos, a nephrologist, testified it would be inadvisable for petitioner to work outside the home in addition to caring for the children and maintaining the home. He stated it also would be questionable whether she could work if she was not caring for the children. Since teaching required standing for a prolonged period of time, he asserted she may not be able to do this. On cross-examination, he indicated she was totally unable to work and would provide a medical opinion to the Social Security Administration to that effect if asked.

Petitioner is a beneficiary under three trusts: the Carl R. Dick Trust, the Margaret W. Dick Trust, and the Dick Family Trust. Carl R. Dick and Margaret W. Dick were petitioner’s grandparents. They had two children, Carl R. Dick, Jr., petitioner’s father, and Margaret J. Dick, petitioner’s aunt. Carl R. Dick, Jr., had four children, one of which was petitioner.

The Carl R. Dick Trust was established under the terms of Carl R. Dick’s will. He died on November 29, 1949. Under the will, the remainder of his estate was placed in trust. Two-thirds of the income from the trust was to be distributed to Margaret W. Dick and one-sixth to be distributed to petitioner’s father and aunt each. After Margaret W. Dick’s death in July 1956, the income from the trust was divided equally between petitioner’s father and aunt. Following petitioner’s father’s death, his one-half interest was divided between petitioner and her three siblings. If petitioner’s aunt dies leaving no children, her share of the trust will be divided between petitioner and her three siblings. At the time of the dissolution proceedings, petitioner’s aunt was 70 years old and had no children. As of June 28, 1991, this trust had a present value of $5,230,768.09. The total income distributed from this trust in 1991 was $98,732.82. Petitioner received $12,341.61.

The Margaret W. Dick Trust was established under the terms of her will. The income from this trust was shared equally between petitioner’s father and aunt. Upon petitioner’s father’s death, his half of the trust was distributed to his four children. Petitioner and her three siblings inherited, among other things, approximately 500 acres of farmland. If petitioner’s aunt dies leaving no children, her one-half interest will be divided equally between petitioner and her three siblings. As of June 28, 1991, the value of this trust was $1,744,948.98. Petitioner does not receive income from the trust, but does have a remainder interest in the trust if petitioner’s aunt predeceases her.

To ensure the farm property which they inherited would remain together, petitioner and her three siblings created the Dick Family Trust. The sole asset of the trust is their undivided one-half interest in the farmland. The other half interest is owned by petitioner’s aunt. Under the terms of the trust, petitioner cannot sell her interest unless two of the other siblings agree. The land in the trust is valued at $503,964.29, and the total distribution of income from the trust in 1991 was $24,394.76, of which petitioner received $6,098.69.

Petitioner began receiving income from these trusts a year after the parties married. During the course of the marriage, petitioner received $347,164.48 from these trusts. Upon the advice of respondent, all the money was placed in a joint account for estate planning purposes. Since the separation, petitioner has placed all money she has received from the trusts in her own money market account. During the course of the marriage, petitioner’s aunt also made cash gifts totalling $90,000 to the parties.

On a financial affidavit, petitioner estimated her total monthly expenses were $6,084.25, or $73,011 a year. Her income for 1991 was estimated at $28,811 after taxes. Respondent estimated his monthly expenses were $4,321.23 and his monthly income before taxes was $11,500, or $138,000 a year. During the separation, respondent voluntarily paid the mortgage payments on the house and gave petitioner $1,500 for child support less any other expenses he paid on the children’s behalf.

The court awarded petitioner a judgment of dissolution of the marriage and sole custody of the children, and it took under advisement all remaining issues. On October 16, 1991, the court entered a memorandum of decision resolving these remaining issues, and on November 15, 1991, issued a supplemental judgment of dissolution of marriage. The court awarded petitioner the following nonmarital property: (1) her interest in the Carl R. Dick Trust, which it found to be a one-eighth vested interest and a one-eighth vested interest subject to divestment, valued at $937,067.97; (2) her interest in the Margaret W. Dick Trust, with a present value of one-quarter vested remainder interest subject to divestment of $210,396.75; and (3) her interest in the Dick Family Trust, which it found was a one-quarter vested interest with a present value of $130,974.47. The total value of nonmarital assets awarded to petitioner was $1,278,439.19. Respondent was awarded the following nonmarital property: (1) his books and personal papers, and (2) all past and future distributions from his father’s estate, valued at $40,000.

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In Re Marriage of Tietz, 605 N.E.2d 670, 238 Ill. App. 3d 965, 178 Ill. Dec. 876, 1992 Ill. App. LEXIS 2070 (Ill. Ct. App. 1992).

605 N.E.2d 670 (In Re Marriage of Tietz) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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