Kasprzyk v. Kasprzyk

• Decision Date: 04 April 2019
• Docket Number: NO. 4-17-0838,4-17-0838
• Citation: 128 N.E.3d 1105,431 Ill.Dec. 935,2019 IL App (4th) 170838
• Parties: IN RE MARRIAGE OF Mark J. KASPRZYK, Petitioner-Appellant, and Marianne Kasprzyk, Respondent-Appellee.
• Court: United States Appellate Court of Illinois

2019 IL App (4th) 170838

128 N.E.3d 1105

431 Ill.Dec. 935

IN RE MARRIAGE OF Mark J. KASPRZYK, Petitioner-Appellant, and Marianne Kasprzyk, Respondent-Appellee.

NO. 4-17-0838

Appellate Court of Illinois, Fourth District.

Filed April 4, 2019

JUSTICE KNECHT delivered the judgment of the court, with opinion.

¶ 1 In August 2017, the trial court entered an order extending petitioner Mark J. Kasprzyk's maintenance obligation to respondent, Marianne Kasprzyk. Mark appeals the order arguing (1) the court used inapplicable statutory guidelines to modify the length of the maintenance award and (2) the court abused its discretion in ordering maintenance. We affirm.

¶ 2 I. BACKGROUND

¶ 3 Mark and Marianne were married in January 1989. In June 2013, Mark filed a petition for dissolution of marriage. At the time the petition was filed, the parties were both 52 years old. The parties share an adult daughter, born in 1993. Both parties sought maintenance. In his May 2014 position statement, Mark had been subject to a layoff.

¶ 4 A hearing was held on October 22, 2014. No transcript of the hearing appears in the record. A docket entry dated October 22, 2014, states the following:

"Cause called for hearing on all remaining issues. Both parties present in person with Attorneys [Brent A.] Cain and [Will] Hebron. Witnesses sworn; evidence heard. Agreements reached. The Court orders Attorney Cain to prepare a written judgment with a blank for the maintenance amount and submit to the Court. Cause continued for written Order."

¶ 5 By letter dated November 6, 2014, Cain, Mark's counsel, informed the trial court it had tendered a proposed judgment to Hebron, who made some objections. Cain stated he made some of the requested revisions. Cain recommended the trial court "enter the enclosed Judgment unless [it] hear[d] from Mr. Hebron."

¶ 6 On November 18, 2014, the trial court entered the order dissolving the marriage. In the dissolution order, the trial court divided marital assets and debts and awarded maintenance. Mark was awarded the marital residence, the 2006 Hummer H3 vehicle, personal property in his possession, his retirement and pension accounts, his checking and savings accounts, and his Prudential stock and life insurance. Mark was responsible for all debt related to the marital home. The court ordered Mark to pay the car insurance and cell phone bill for their daughter, who was living with Marianne while attending college. Mark was further ordered to pay Marianne "$ 150 per month for November and December, 2014 toward room, board and schooling expenses of the parties' daughter." The court reserved the issue of additional college expenses. Mark was to maintain health insurance for the daughter. Both parties were ordered to share equally their daughter's healthcare expenses not covered by insurance. The trial court awarded Marianne her retirement and IRA accounts, her checking and savings accounts, the 2012 Kia Optima, and personal property in her possession.

¶ 7 Regarding maintenance, the trial court ordered maintenance for a period of two years but authorized Marianne to seek an extension of maintenance before the two-year period expired:

"The Court hereby awards spousal maintenance payable by [Mark] to [Marianne] in an amount of $ 500 per month commencing Dec-10th, 2014, and on the 10th day of the month thereafter for 2 years at which time maintenance shall be subject to review. Unless [Marianne] files a Petition to Extend Maintenance within said period maintenance shall automatically terminate. The burden is on [Marianne] to establish a continued need for maintenance. Maintenance shall terminate upon the occurrence of any of the events set forth in 750 ILCS 5/510(c), or a change of circumstances as allowed by law or fact."

The $ 500 amount, the December 10, 2014, date, and the "10th" were handwritten by the court onto blank lines.

¶ 8 Before the two-year deadline expired, Marianne, on October 26, 2016, filed a petition to extend maintenance. Marianne alleged she continued to have a need for spousal maintenance and Mark was able to provide continued maintenance payments.

¶ 9 In July 2017, a hearing was held on Marianne's petition. No transcript of the hearing appears in the record. In lieu of the transcript, the parties submitted an agreed statement of facts to this court. According to the agreed statement, Marianne testified she lived alone in a Virden, Illinois, duplex valued at $ 75,000. Marianne owed approximately $ 58,000 on the mortgage. Marianne purchased the home after the divorce. Her mother provided the down payment. Marianne worked for Dickey John Corporation, the same employer and in the same position she was working when the marriage dissolved, continuing to earn $ 50,000 annually. A filing suggests Marianne worked for the same corporation since 1989. In 2017, Marianne received a $ 1500 bonus. The bonus was not guaranteed to occur each year. Marianne's monthly expenses were the same as they were when the parties divorced.

¶ 10 Marianne testified, since the marriage dissolved, she purchased a new car when her car "broke." The payment for the new car was approximately $ 30 more per month than the previous car payment. Marianne operated at a deficit each month and needed maintenance for living expenses. Marianne sent her adult daughter money.

¶ 11 On cross-examination, Marianne testified she was scheduled to earn $ 50,566 in 2017. She received some overtime and a bonus. Marianne also earned raises at work. In January 2016, she earned $ 25.82 per hour. As of May 2017, Marianne earned $ 27.08 an hour. In 2016, Marianne earned $ 55,546. Marianne's work 401(k) had a balance of $ 194,212.77. Marianne had an additional IRA with a balance of $ 13,446.79.

¶ 12 Marianne testified she donated $ 500 per month to her church. During the marriage, Marianne also donated 10% of her income in cash to the church. Mark did not attend church with Marianne. The parties' tax returns during the marriage do not show religious donations. During the last several years of the parties' marriage, Mark and Marianne could not afford to go on a vacation. Mark did not earn vacation pay. In 2016, Marianne used 206 hours of vacation time. This included random days off, sick days, and days to take her mother to doctor's visits. Marianne went on trips with her daughter in 2016 and 2017. Marianne spent $ 50 per month on her adult child's clothing and $ 100 per month on her adult child's allowance. The daughter was no longer attending college and was pregnant.

¶ 13 Mark testified he resided alone in the marital home. The parties' daughter graduated college and lived on her own. Mark was employed at E.L. Pruitt Company. In 2016, Mark's gross income was $ 89,361, which included income from some dividends and a tax refund. His gross income from his employment was $ 88,511. Mark began a new position with E.L. Pruitt Company but earned the same salary. Mark earned $ 44.12 an hour. Mark helped pay expenses for his adult daughter, including $ 150 per month in doctor's visits and $ 250 per month in car repairs and maintenance, living expenses, and a personal loan. Mark also paid for his daughter's cell phone and her health insurance. He cosigned a loan for his daughter and was currently paying the bill. He also paid for her car insurance and her credit card.

¶ 14 Mark further testified he needed to take an equity loan on his home. He owed $ 11,528.37 on that loan. Mark had a negative balance each month after paying his debts and obligations. Mark had not been on a vacation since the divorce. He had taken trips to see his daughter. His mortgage was $ 59,632. Mark was worse off financially than when the parties divorced.

¶ 15 On cross-examination, Mark testified he had a retirement and pension plan through his employer. One of Mark's loans was a loan for his daughter's expenses while in college.

¶ 16 In August 2017, the trial court granted the petition to extend maintenance. The court held it considered the applicable statutory factors. The court noted the previous judge "clearly found maintenance was appropriate at the time the parties' marriage was dissolved." The court further observed had the marriage dissolved six weeks later, the previous judgment would have had to apply the maintenance formula, resulting in permanent maintenance or maintenance for a period of the length of the parties' marriage. The court considered relevant statutory factors and found maintenance appropriate. The court concluded Marianne's needs remained the same and neither party's circumstances changed significantly enough to conclude maintenance was not appropriate, particularly in light of the length of the marriage and the parties' incomes and needs when the marriage was dissolved. The court set maintenance at $ 450 per month and ordered it be permanent, unless modification or termination is deemed proper under section 510 of the Illinois Marriage and Dissolution of Marriage Act (Dissolution Act) ( 750 ILCS 5/510 (West 2016) ).

¶ 17 Mark filed a motion to reconsider. In his motion, Mark argued the trial court considered the wrong version of the statute in deciding to make the maintenance award permanent, arguing the court should have used the version applicable when the dissolution petition was filed in 2014. Mark further maintained the court erred in awarding continuing maintenance as he did not have the funds to continue paying maintenance while, as evidenced by Marianne's donations to the church, Marianne had no need for maintenance.

¶ 18 After a hearing, the trial court denied Mark's motion. The court ruled the new version of the law applied. The court also made the following comments regarding its calculation of the maintenance award:

"The testimony was that there were tithes during the marriage. Simply because it's not on a tax return doesn't mean cash wasn't paid. So that would be unrefuted testimony that she tithed during the marriage and she still tithes now. Technically, she can take the

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