In re Marriage of Ruvola
83 N.E.3d 19
Ill. App. Ct.2017Background
- Leonard and Michelle Ruvola married in 1989; adult children; Leonard had sporadic employment since 1998 and psychiatric treatment after a 2009 suicide attempt.
- Parties stipulated at trial that Leonard "is not disabled" and "is not unemployable but is capable of employment." The court ordered Leonard (Sept. 2015) to apply for 7 jobs/week and to file a job-search diary.
- At dissolution trial (Dec. 2015), the court awarded Leonard permanent maintenance, computed respondent Michelle’s income at $125,000/year, applied the statutory guideline, then deviated downward to $2,400/month after imputing $25,000/year to Leonard and considering property awards and Leonard’s ability to meet expenses.
- Michelle received weekly $255 checks from her father (treated by her as "gifts") in addition to salary and fringe benefits; these were not included by the trial court in its gross-income finding.
- The trial court adjudicated Leonard in indirect civil contempt for failing to comply with the job-search order and found that Leonard dissipated funds from a trust account held in his name; Leonard sought recalculation of maintenance, reversal of the dissipation finding, and classification of his trust account as nonmarital.
Issues
| Issue | Plaintiff's Argument (Leonard) | Defendant's Argument (Michelle) | Held |
|---|---|---|---|
| Whether the trial court properly calculated Michelle’s gross income for guideline maintenance | Trial court omitted weekly $255 "gifts" from Michelle’s gross income; maintenance should be recalculated including those gifts | Gifts are not salary but were considered by the court; income figure was reasonable | Court vacated income finding and remanded to include the weekly gift checks as income for maintenance calculation |
| Whether the court properly imputed income to Leonard | Imputation was improper because Leonard’s mental-health history and other barriers justify lower or no imputation | Leonard voluntarily underemployed, failed to pursue positions in his chemistry field, and had sparse job-search efforts | Court affirmed imputation of $25,000/year to Leonard; no abuse of discretion given evidence of voluntary underemployment |
| Whether appellate court may review contempt finding | Contempt finding part of dissolution judgment should be reviewed on appeal | Contempt finding was not specified in notice of appeal, so appellate jurisdiction over contempt finding is lacking | Appellate court held it lacks jurisdiction to review the indirect civil contempt finding because the notice of appeal did not fairly present that issue |
| Whether Leonard’s trust account is nonmarital (gift or separate property) and whether dissipation finding was erroneous | Trust account was nonmarital (gift/exchange) and should not be divided or treated as dissipated marital property | Trust accounts were listed among jointly owned assets in stipulation; theory that it was nonmarital was not preserved for trial | Court affirmed classification/division and dissipation finding because Leonard forfeited the new theory by stipulation and raising it first in a motion to reconsider |
Key Cases Cited
- In re Marriage of Rogers, 213 Ill. 2d 129 (2004) (gifts received by a payor spouse constitute income for child-support purposes)
- Burtell v. First Charter Service Corp., 76 Ill. 2d 427 (1979) (notice-of-appeal must specify judgment appealed from; liberal construction but limits on jurisdiction)
- People v. Smith, 228 Ill. 2d 95 (2008) (filing notice of appeal is the jurisdictional step initiating appellate review)
- Schmidt v. Joseph, 315 Ill. App. 3d 77 (2000) (designation of order denying reconsideration confers jurisdiction over underlying judgment in procedural progression)
- Heller Financial, Inc. v. Johns-Byrne Co., 264 Ill. App. 3d 681 (1994) (same principle regarding notices of appeal and reviewable orders)
- People v. Patrick, 2011 IL 111666 (2011) (distinguishing defects of form and substance in notices of appeal)
- In re Marriage of O’Brien, 2011 IL 109039 (2011) (abuse-of-discretion standard for imputation and family-law factual determinations)
- Evanston Insurance Co. v. Riseborough, 2014 IL 114271 (2014) (arguments raised first in motion to reconsider are forfeited on appeal)