In re Marriage of Vance

Illinois Appellate Court
Civil Court
Dissolution of Marriage
Citation
Case Number: 
2016 IL App (3d) 150717
Decision Date: 
Thursday, July 7, 2016
District: 
3d Dist.
Division/County: 
Rock Island Co.
Holding: 
Affirmed.
Justice: 
O'BRIEN

After trial, court entered judgment for dissolution, ordering husband to pay $825 per month in child support. Court properly applied statutory percentage to the difference between the husband's and the wife's incomes, and found that husband's income was more than double wife's income, took into consideration that both parties shared custody of the 2 children. Husband failed to present evidence showing grounds for his depreciation deductions. Thus, court did not abuse its discretion in failing to deduct depreciation from his net income. When husband executed quitclaim deed creating joint tenancy, the section of the premarital agreement classifying joint property as marital property was invoked, and house ceased being husband's separate property. Court's award of 1/3 of equity in house, and of $5,000 in attorney fees, to wife was proper considering that husband's income and assets were more favorable than wife's.(CARTER and McDADE, concurring.)