In Re Marriage of Winne

606 N.E.2d 777, 239 Ill. App. 3d 273, 179 Ill. Dec. 945, 1992 Ill. App. LEXIS 2155
CourtAppellate Court of Illinois
DecidedDecember 30, 1992
Docket2-92-0107
StatusPublished
Cited by10 cases

This text of 606 N.E.2d 777 (In Re Marriage of Winne) 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 Winne, 606 N.E.2d 777, 239 Ill. App. 3d 273, 179 Ill. Dec. 945, 1992 Ill. App. LEXIS 2155 (Ill. Ct. App. 1992).

Opinions

JUSTICE GEIGER

delivered the opinion of the court:

The court dissolved the marriage of the petitioner husband, Brian Winne, and the respondent wife, Karen Winne. The wife brought this appeal from the court’s allocation and distribution of marital assets and debts, its dismissal of her petition for attorney fees, and its calculation of support for the couple’s three children. We reverse and remand for further proceedings.

The parties were married in September 1974, when the wife was 21 years old. Before the marriage, the wife had attended two years of college and worked for one year to save money. After their marriage, the wife worked until November 1975, when the husband’s employer, Arthur Andersen, transferred him to Australia for 21k years. Three children were born to the marriage: in August 1979, December 1981, and September 1986.

In December 1980, the parties purchased the marital residence for $104,000. The wife stayed at home with the parties’ three children, who were born in 1979, 1981, and 1986. The husband’s compensation from Arthur Andersen was $63,645 in 1986. In 1987, after he became a partner, he earned $138,663; his 1988 income was $172,661; in 1989 he earned $200,997. At trial, the husband testified that he had received $265,299 in total distributions from Arthur Andersen during 1990.

In 1987, the parties spent approximately $112,000 to remodel the marital residence, converting a construction loan into a mortgage loan. The husband vacated the marital home in February 1988 but continued to pay the $2,244 monthly mortgage payment, tax, and insurance on the residence. At the time of trial, the mortgage balance was approximately $187,000; the husband valued the home at $300,000; the wife valued the home at between $275,000 and $285,000.

The couple owned two vehicles. One was a 1983 Oldsmobile Cutlass Sierra against which there was no lien. According to the husband, it had a value of approximately $750, and according to wife its value was approximately $1,500. The parties’ other car was a 1987 Plymouth Voyager which had 18 loan payments of approximately $266 remaining due, for a total lien of $4,788. Its value was approximated at $10,000 by the husband and $8,500 by the wife.

The parties’ only savings account was in the husband’s name and had an approximate balance of $72,000 on February 1, 1991. The husband’s checking account was valued at approximately $6,000.

The court valued the husband’s Arthur Andersen partnership interest at $42,750 as of August 1990. The husband’s Keogh account was valued at $40,849. The court also received evidence that the husband had received a 1989 tax refund of $24,944. The husband also had a “pro forma” capital account. His firm makes allocations to that account, based on the firm’s annual performance. The husband is required to retain a portion of those allocations as supplemental capital. The funds left in the account accrue interest until they are withdrawn pursuant to the account holder’s request. In 1990, the firm allocated $41,417 to the husband’s account; that amount was based on the firm’s 1989 performance. The amount the husband was required to retain as supplemental capital for 1990 was $3,750.

The wife testified that the furnishings in the marital residence had a value of $15,000. The husband valued the furnishings at $40,000, basing his valuation on the furnishings’ cost.

The wife’s sole income, when the husband left the marital residence in February 1988, as before, was money he provided. According to the wife, in the beginning of 1988, the husband provided her with approximately $1,500 monthly. In November, he decreased his monthly payment to $300. In December, the wife opened several department store credit accounts in her name and used them to make purchases for herself, the children, and the house. In 1989, she opened Discover and Mastercard accounts. In January 1989, the husband resumed $1,500 monthly payments, pursuant to court order.

In October 1989, a new court order required the husband to pay $3,500 in monthly temporary maintenance. The order provided that his payments for mortgage, insurance, taxes, and car loans were to be deducted from that amount. The wife was left with approximately $1,000 monthly. According to the husband, he made the following direct payments to the wife: $22,687 in 1988; $19,974 in 1989; and $11,789 in 1990. According to the husband’s calculations, his direct payments to the wife for the 34 months at issue averaged $1,601 monthly.

After the husband moved from the marital residence, the wife began gainful employment in April 1989. Then, she became licensed and opened an in-home day-care center. She continued the day-care work until August 1990. Her 1989 tax return shows that the day-care business had a gross income of $7,700. In September 1990 she obtained part-time employment at Glen Ellyn News, earning a gross weekly amount of $117. She testified that she had little training for employment and that she had never done secretarial work. She planned to begin full-time work at Glen Ellyn News. The wife’s debts incurred after the separation include $15,000 of credit card debt; a $2,500 debt to her father and brother for a retainer for her first attorney; $13,000 in attorney fees to her first attorney; $250 to her accountant; and a $2,000 cash advance she took for a retainer for her second attorney. Her affidavit of monthly expenses shows expenses of $5,539 monthly.

In his 1989 tax filing, the husband filed as a single taxpayer, claiming each of the parties’ three children as a deduction. He also deducted $19,974 in alimony, plus his payment of mortgage interest. His expense for medical insurance for himself and the three children is approximately $3,578.

The husband also covers a $1 million term life insurance policy with a $1,300 annual premium. Additionally, as an Arthur Andersen partner the husband is required to make a certain level of charitable contributions. His mandated contributions for 1989 were $10,315; $5,322 of that amount were paid directly by Arthur Andersen. His Arthur Andersen partnership also causes him to pay principal and interest on his partnership loan and to meet certain unreimbursed expenses. He estimated that his annual cost for charitable contributions, partnership loan payments, and unreimbursed expenses equals between 6% and 8% of his gross income.

Regarding tax payments, the husband testified that Arthur Andersen does not -withhold taxes for its partners. He pays conservatively estimated quarterly tax payments and applies overpayment to future tax liability. For 1989, his State income tax payments were approximately $7,500 on his $200,997 income. He also paid $41,906 in Federal income tax and $6,250 in self-employment tax. His $21,702 tax overpayment was applied to his 1990 estimated taxes.

In its dissolution order, the trial court granted the parties joint custody of the children; residential custody was awarded to the wife. The husband was ordered to pay $3,850 in monthly child support. That amount was based on the husband’s 1990 net income, as indicated by the wife; it did not reflect the husband’s 1990 pro forma capital account allocation of $40,969.

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In Re Marriage of Winne
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Cite This Page — Counsel Stack

Bluebook (online)
606 N.E.2d 777, 239 Ill. App. 3d 273, 179 Ill. Dec. 945, 1992 Ill. App. LEXIS 2155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-winne-illappct-1992.