In re Marriage of Bradley

961 N.E.2d 980, 356 Ill. Dec. 591 (Ill. App. Ct. 2011) · Appellate Court of Illinois, Fourth District · December 6, 2011 · No. No. 4-11-0392

Summary

The Illinois Appellate Court affirmed a judgment dissolving the marriage of Vicki and Bobby Bradley. The court upheld sanctions barring Bobby from claiming a Missouri farm was nonmarital property, an award of attorney fees, maintenance of $250 per week, and the calculation of child support based on income from all sources. The court also addressed the classification and distribution of marital property, including a payable-on-death account.

Holdings

  1. The trial court acted within its discretion under Illinois Supreme Court Rule 219(c) and Rule 219(c)(iii) in barring Bobby from maintaining his claim that the Missouri farm was nonmarital property.
  2. The trial court did not abuse its discretion by awarding Vicki $6,023 in attorney fees.
  3. The trial court did not abuse its discretion by awarding Vicki maintenance of $250 per week.
  4. The trial court did not abuse its discretion in determining Bobby's net income and setting his biweekly child-support obligation at $750.
  5. The trial court properly classified the payable-on-death account as marital property.

Questions Presented

  1. Whether the trial court abused its discretion by barring Bobby's claim that the Missouri farm was nonmarital property as a discovery sanction.
  2. Whether the trial court abused its discretion in awarding Vicki $6,023 in attorney fees.
  3. Whether the trial court abused its discretion in awarding Vicki maintenance of $250 per week.
  4. Whether the trial court erred in determining Bobby's net income and setting his child-support obligation at $750 biweekly.
  5. Whether the trial court erred in classifying the payable-on-death account as marital property.

Disposition

affirmed

Cases Cited (17)

  • Shimanovsky v. General Motors Corp., 181 Ill. 2d 112, 229 Ill. Dec. 513, 692 N.E.2d 286 (1998)(followed)
  • In re Marriage of Barnett, 344 Ill. App. 3d 1150, 280 Ill. Dec. 354, 802 N.E.2d 279 (2003)(followed)
  • Sander v. Dow Chemical Co., 166 Ill. 2d 48, 209 Ill. Dec. 623, 651 N.E.2d 1071 (1995)(followed)
  • In re Marriage of Powers, 252 Ill. App. 3d 506, 191 Ill. Dec. 541, 624 N.E.2d 390 (1993)(followed)
  • In re Marriage of Marsh, 343 Ill. App. 3d 1235, 279 Ill. Dec. 234, 799 N.E.2d 1037 (2003)(followed)
  • Smith v. Gleash, 325 Ill. App. 3d 79, 258 Ill. Dec. 716, 757 N.E.2d 101 (2001)(followed)
  • Boatmen's National Bank of Belleville v. Martin, 155 Ill. 2d 305, 185 Ill. Dec. 509, 614 N.E.2d 1194 (1993)(followed)
  • In re Marriage of Haken, 394 Ill. App. 3d 155, 333 Ill. Dec. 320, 914 N.E.2d 739 (2009)(followed)
  • In re Marriage of Donovan, 361 Ill. App. 3d 1059, 297 Ill. Dec. 823, 838 N.E.2d 310 (2005)(followed)
  • In re Marriage of Nord, 402 Ill. App. 3d 288, 342 Ill. Dec. 416, 932 N.E.2d 543 (2010)(followed)

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