In re Troske, 5–12–0448.

• Citation: 27 N.E.3d 86
• Decision Date: 10 February 2015
• Docket Number: No. 5–12–0448.,5–12–0448.
• Parties: In re MARRIAGE OF Robert E. TROSKE, Petitioner–Appellant, and Karen M. Troske, Respondent–Appellee.
• Court: United States Appellate Court of Illinois

27 N.E.3d 86

In re MARRIAGE OF Robert E. TROSKE, Petitioner–Appellant
and
Karen M. Troske, Respondent–Appellee.

No. 5–12–0448.

Appellate Court of Illinois, Fifth District.

Rule 23 Filed Jan. 8, 2015.
Motion to Publish Granted Feb. 10, 2015.
Opinion Filed Feb. 10, 2015.

27 N.E.3d 88

Barbara L. Sherer, Amanda G. Highlander, and Kristen Strieker, Sherer Law Offices, Edwardsville, for appellant.

Curtis L. Blood, Collinsville, for appellee.

OPINION

Justice CHAPMAN delivered the judgment of the court, with opinion.

¶ 1 The husband, Robert E. Troske, appeals a supplemental dissolution order, raising several issues. His primary contentions

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are that (1) the trial court abused its discretion by awarding the wife, Karen M. Troske, essentially all of the couple's net wealth taking into account both the property distribution and assignment of debts; (2) the court abused its discretion by accepting the parties' stipulation that issues of maintenance and child support would be determined using income figures for 2009 where the hearings on ancillary issues took place early in 2011 and the court's order was entered in September 2012; and (3) the court abused its discretion by entering its order 18 months after the hearings. In addition, Robert argues that the court abused its discretion in ordering him to pay a portion of Karen's attorney fees and that the court was biased against him. Karen filed a motion to dismiss, arguing that this court lacks jurisdiction to consider this appeal. We ordered her motion taken with the case. We affirm the judgment and deny Karen's motion.

¶ 2 The parties began dating late in 1992 or early in 1993, moved in together in November 1993, and were married in June 1995. In 1989, Robert and his previous wife, Mary Jo, purchased a lot with the intent of building a home. Robert and Mary Jo's daughter, Andrea, was born in November 1991. Mary Jo passed away due to cancer in August 1992. The home was completed in 1993. Robert, Karen, and Andrea moved into the home in November 1993 and lived there for the duration of the parties' marriage. Robert and Karen's daughter, Emily, was born in September 1998.

¶ 3 The family home is one of four pieces of real estate involved in the proceedings before the trial court. During their marriage, the parties purchased 75 acres of land along with another couple. They purchased this property (the Ridgeview property) intending to build two homes on it for themselves and develop the rest. Instead, they sold the property through a series of sales. In February 2005, the title company issued a check to Robert in the amount of $505,077. However, only $497,577 was deposited. Robert and Karen used some of the proceeds from the Ridgeview sales to purchase a condominium in Florida. In addition, Robert and his parents owned a condominium in Lake of the Ozarks. At trial, questions were raised concerning (1) what happened to the proceeds from the sales of the Ridgeview property; (2) whether the family home was marital property; and (3) whether the marital estate was entitled to reimbursement for contributions to the Lake of the Ozarks condo, which was stipulated to be Robert's separate property.

¶ 4 Robert and Karen began filing separate tax returns in 2007. In November 2008, Robert filed a petition for dissolution. Both parties filed numerous motions requesting various forms of temporary relief. In February 2009, Karen filed a motion for injunctive relief, asking the court to require Robert to pay delinquent property taxes for the family home. She alleged that Robert paid the property taxes on the property since it was purchased but failed to pay the 2007 property tax despite having the financial ability to do so. She attached a take-notice document, dated January 2009, which indicated that the property had been sold due to the tax deficiency and could be redeemed by paying $8,559.14 by May 13, 2009.

¶ 5 In May 2009, the court entered an order restraining both parties from concealing, transferring, or encumbering any marital property and directing Robert to “make every effort” to file his 2007 and 2008 personal and corporate income tax returns within 30 days. The order further provided that the parties' Florida condo was to be listed for sale. Three months

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later, however, the condo was still not listed. The court entered an order in August 2009 directing Robert to (1) pay the 2008 real estate taxes on the family home and pay for reasonable repairs; (2) pay $2,000 per month in child support; (3) pay $750 per month in maintenance; and (4) list the Florida condo for sale. The court reserved ruling on whether to order retroactive child support and maintenance.

¶ 6 Karen subsequently filed two motions for findings of indirect civil contempt, alleging that Robert failed to pay child support, maintenance, or the expenses he was ordered to pay for both the family home and the Florida condo. Karen also filed a petition for injunctive relief. She alleged that (1) the parties received $497,577 from the sales of the Ridgeview property in February 2005; and (2) Robert received $266,422 in a settlement of a mine subsidence claim involving the family home in May 2008. She further alleged that (1) Robert exercised exclusive control over these funds; (2) she did not know what became of the proceeds from the Ridgeview property; (3) she believed that Robert used the mine subsidence settlement to open two certificates of deposit; and (4) she believed that Robert would likely waste the funds if not enjoined from doing so. At a hearing on these motions, Robert stated that he used some of these funds to open two certificate of deposit accounts totaling $170,000.

¶ 7 In December 2009, the court entered an order enjoining both parties from accessing the certificates of deposit or disposing of any other marital assets. The court also ordered Robert to comply with several of its previous orders within 14 days. Specifically, the court ordered him to pay maintenance and child support, list the Florida condo for sale, and pay past-due real estate taxes on both the Florida condo and the family home. In January 2010, the court found Robert to be in contempt for failing to list the condo for sale. The court further found that he was not in compliance with other previous orders, but did not make findings regarding the willfulness of his noncompliance.

¶ 8 On February 10, 2010, the court entered an order finding that Robert was in “substantial compliance” with his maintenance and child support obligations. At this point, trial was set to begin February 18, 2010. However, the trial setting was continued numerous times. Robert was represented by multiple attorneys. Both parties continued to file motions for temporary relief, including additional motions for findings of contempt filed by Karen, a motion for sanctions filed by Robert, and a motion to require Karen to participate in parenting classes. A September 2010 trial setting was continued to allow both parties to complete valuations of their respective businesses. The matter came to trial in January 2011. The court held eight hearings during the first three months of 2011. During the hearings, the parties stipulated to using the information on their 2009 income that they had provided to each other in discovery. The stated reason for agreeing to this stipulation was that both parties wanted to avoid delaying trial even further to allow them time to complete discovery of more recent income information for 2010.

¶ 9 Evidence adduced at the hearings showed that in spite of the court's orders enjoining both parties from disposing of marital assets, Robert had taken substantial sums of money from accounts in his name that were funded with marital assets. The two certificates of deposit which started at $170,000 now totaled $74,381. Robert testified that he took an $85,000 loan against one of the CDs to pay various debts. He stated that at least some were credit card debts to pay for family expenses

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The bank deducted $35,000 to pay past-due property tax on the family home and another $60,000 to repay the loan. Similarly, Robert opened a Charles Schwab brokerage account with $115,000 from the Ridgeview proceeds “to play the stock market.” That account was valued at $104,067 late in 2007, but only $300 remained by the time hearings were held early in 2011. Robert's individual retirement account was worth $148,437 late in 2007, but nearly depleted by the time of trial. Robert was asked about specific debits from accounts within his sole control. He testified that they were used for home repairs, paying bills or taxes, or family vacations. However, he could not recall with specificity what any of the withdrawals were for.

¶ 10 Robert testified about his use of the mine subsidence settlement funds and the proceeds from the Ridgeview property. Approximately $156,000 was used to purchase the condo in Florida. Additional funds from the Ridgeview proceeds were used to make improvements and repairs to the family home, pay $17,500 towards credit card debts, and pay $143,000 in capital gains taxes. Robert acknowledged that he transferred $69,000 to a business account. Karen testified that none of the structural damage...