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In re Marriage of Raad

December 31, 1998

IN RE MARRIAGE OF SUSAN M. RAAD, PETITIONER-APPELLANT, AND NABIL E. RAAD, RESPONDENT-APPELLEE.


Appeal from the Circuit Court of Du Page County. No. 96--D--2477 Honorable Thomas J. Riggs, Judge, Presiding.

The opinion of the court was delivered by: Justice Colwell

Petitioner, Susan M. Raad, appeals from an order of the circuit court of Du Page County dissolving her marriage with respondent, Nabil E. Raad, contending that the trial court erroneously classified part of her individual retirement account (IRA) as marital property and that the trial court erroneously determined the amount of medical expenses for which she was responsible for the parties' two minor children. We reverse in part and affirm in part.

FACTS

On May 29, 1984, petitioner began her employment with Baxter Healthcare Corporation International (Baxter). On April 1, 1986, petitioner began participating in the Baxter Incentive Investment Plan (the plan), a retirement plan. Both petitioner and Baxter made contributions to petitioner's account, and petitioner was 100% vested from the start of her participation.

The parties married on September 30, 1989. At that time, petitioner's account was valued at $24,446.37. Petitioner ended her employment with Baxter in July 1990 but continued contributing to the plan until December 31, 1990, when her interest in the plan ended. Petitioner's account was valued at $35,090.99 at that time. Petitioner contributed $6,257.42 between September 30, 1989, and December 31, 1990.

Petitioner deposited her $35,090.99 from the plan into the parties' joint checking account while she determined where to put it on a permanent basis. On March 26, 1991, petitioner rolled the $35,090.99 over into an IRA in her own name.

Petitioner filed a petition for dissolution of marriage on September 18, 1996. As of July 31, 1997, petitioner's IRA was valued at $79,415.38. Petitioner testified that she made no contributions after the $35,090.99 rollover.

On November 12, 1997, the trial court entered a judgment for dissolution of marriage. The trial court awarded petitioner sole custody of the parties' two minor children, granted respondent visitation rights, and ordered respondent to pay petitioner $156.63 every two weeks until the youngest child turned 18 years old or graduated from high school, whichever occurred last. The trial court also ordered respondent to pay petitioner $77 per month for day care as long as the children were in day care.

The trial court further ordered petitioner to pay for the cost of the children's major medical and hospitalization insurance and their ordinary medical expenses. The trial court defined ordinary medical expenses as "any visit, procedure or device which costs less than $100.00." Further, the trial court ordered petitioner and respondent equally to pay for the costs of all extraordinary medical, dental, optical, orthodontic, and educational expenses.

Regarding petitioner's IRA, the trial court found that $24,169.91 of petitioner's IRA was her non-marital property. Consequently, the trial court also found that the remaining $55,245.46 of her IRA was marital property.

Finally, the trial court awarded petitioner the following marital property: (1) the marital residence valued at $60,027.55; (2) $25,000 in settlement funds from a lawsuit; and (3) $27,622.73 representing half of the marital assets in her IRA from her employment with Baxter. The trial court also awarded petitioner the following non-marital property: (1) $8,772.47 in an IRA from her employment with the Scottsdale School District; (2) $24,169.91 in her IRA from her employment with Baxter; (3) 55 shares of Baxter stock valued at $2,592.50; (4) a 1987 BMW automobile; and (5) a note representing her $20,000 personal financing of the buyers of her original house prior to the marriage. The trial court awarded respondent the following marital property: (1) a promissory note worth $31,502.70; (2) an automobile valued at $17,000; (3) $25,000 in settlement funds from a lawsuit; (4) $27,622.73 representing half of the marital assets in petitioner's IRA from her employment with Baxter; and (5) $11,170.68 in escrow funds. Petitioner's portion of the marital assets was valued at $112,650.28, and respondent's portion of the marital assets was valued at $112,296.11.

On December 5, 1997, petitioner filed a posttrial motion, and on December 11, 1997, respondent likewise filed a posttrial motion. On December 30, 1997, the trial court denied the majority of the parties' issues. On January 28, 1998, petitioner filed her appeal.

ANALYSIS

I. CLASSIFICATION OF ...


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