In re Marriage of O'Daniel, 382 Ill. App. 3d 845

889 N.E.2d 254 (Ill. App. Ct. 4th Dist. 2008) · Appellate Court of Illinois, Fourth District · June 2, 2008 · No. No. 4-07-0250

Summary

The Illinois Appellate Court, Fourth District, affirmed postjudgment orders modifying child support and addressing health insurance, contempt, and attorney fees in the dissolution of Jerome and Susan O'Daniel's marriage. The court held that the trial court did not abuse its discretion by excluding self-funded IRA principal withdrawals and certain rental income from child-support calculations, declining to hold Jerome in contempt for failing to maintain health insurance during unemployment, or awarding Susan $900 in attorney fees.

Holdings

  1. Withdrawals of an individual's own IRA contributions are not income for purposes of calculating child support because the money already belonged to the individual and the withdrawal produces no gain; only interest or appreciation earned by the IRA would constitute income.
  2. The trial court did not abuse its discretion by excluding the rental-property income or unemployment compensation from the child-support calculation under the circumstances presented.
  3. The trial court did not abuse its discretion in setting the child-support amounts or in using a $720 monthly COBRA-premium figure.
  4. The trial court did not abuse its discretion by finding that Jerome's failure to provide medical insurance during periods of unemployment was not willful and by declining to hold him in contempt on that basis.
  5. The trial court did not abuse its discretion by awarding Susan $900 in attorney fees and denying her request for additional fees.

Questions Presented

  1. Whether the trial court abused its discretion in calculating Jerome O'Daniel's child-support obligation by excluding his IRA withdrawals, rental-property income, and unemployment compensation and by deducting or estimating health-insurance premiums.
  2. Whether the trial court abused its discretion by declining to hold Jerome O'Daniel in contempt for failing to maintain health insurance for the children during periods of unemployment.
  3. Whether the trial court abused its discretion in the amount of attorney fees awarded to Susan O'Daniel.

Disposition

affirmed

Cases Cited (6)

  • First Capitol Mortgage Corp. v. Talandis Construction Corp., 63 Ill. 2d 128, 131-33, 345 N.E.2d 493, 494-95 (1976)(followed)
  • Posey v. Tate, 275 Ill. App. 3d 822, 825, 212 Ill. Dec. 69, 656 N.E.2d 222, 224 (1995)(followed)
  • In re Marriage of Lindman, 356 Ill. App. 3d 462, 291 Ill. Dec. 969, 824 N.E.2d 1219 (2005)(disagreed with)
  • In re Marriage of Rogers, 213 Ill. 2d 129, 289 Ill. Dec. 610, 820 N.E.2d 386 (2004)(distinguished)
  • In re Marriage of Olsen, 229 Ill. App. 3d 107, 117, 171 Ill. Dec. 39, 47, 593 N.E.2d 859, 867 (1992)(distinguished)
  • In re Marriage of Powers, 252 Ill. App. 3d 506, 508-09, 191 Ill. Dec. 541, 543-44, 624 N.E.2d 390, 392-93 (1993)(followed)

Cited In (0)

No citing cases on record yet.

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