In re Marriage of Smith
981 N.E.2d 1163
Ill. App. Ct.2012Background
- Married August 2, 1982; three children born, one minor (Alyssa) at trial.
- Joint parenting order (Dec. 2, 2009) provided alternating weekends and half the weekdays; no primary residential parent.
- Sharyl sought dissolution; trial court awarded Lloyd $200 monthly maintenance for two years.
- Lloyd claimed permanent disability and sought higher maintenance; Sharyl earned significantly more.
- Parties’ 401(k) assets and child-support amount were disputed; trial court equitably divided property and set support.
- Court ultimately affirmed maintenance award, reversed on child-support guideline issue, and reversed division of 401(k); remanded for proper proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Child support under shared custody | Smith argues guideline 20% should apply | Smith argues deviation possible under 505(a)(2) factors | Abuse of discretion; guideline 20% reversed and remanded for proper determination. |
| Maintenance amount under disability status | Smith claims permanent maintenance due given disability | Smith not permanently disabled; rehabilitative maintenance proper | Not permanently disabled; $200/month for two years affirmed. |
| 401(k) division in property | Smith requests equal division of 401(k) | 40l(k) should be divided considering 503(d) factors | Unequal, just-proportions division required; remand for proper calculation. |
Key Cases Cited
- In re Marriage of Haas, 215 Ill. App. 3d 959 (Ill. App. 1991) (maintenance discretion and purpose as rehabilitative vs permanent)
- In re Marriage of Brankin, 2012 IL App (2d) 110203 (Ill. App. 2d 2012) (broad discretion in maintenance factors)
- In re Marriage of Murphy, 359 Ill. App. 3d 289 (Ill. App. 2005) (guidelines not determinative; consideration of factors)
- In re Marriage of Steadman, 283 Ill. App. 3d 703 (Ill. App. 1996) (shared custody and deviations from guidelines permissible)
- In re Marriage of Nord, 402 Ill. App. 3d 288 (Ill. App. 2010) (manifest weight standard for factual findings in maintenance)