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In re Marriage of Juiris

Court of Appeals of Illinois, First District, First Division

January 22, 2018

In re Marriage of WILLIAM STEVEN JUIRIS, Petitioner-Appellee, and HEIDI LYNN JUIRIS, Respondent-Appellant.

         Appeal from the Circuit Court Cook County, No. 13 D 10549 Honorable David E. Haracz, Judge Presiding.

          JUSTICE HARRIS delivered the judgment of the court, with opinion. Presiding Justice Pierce and Justice Simon concurred in the judgment and opinion.

          OPINION

          HARRIS JUSTICE

         ¶ 1 In September 2016, the trial court entered a judgment dissolving the marriage of William S. Juiris and Heidi L. Juiris. In its judgment, the court made several factual findings, ordered maintenance be paid to petitioner, ordered petitioner to pay child support, and divided the marital assets and debts.

         ¶ 2 In the judgment, the court determined that petitioner earned approximately $49, 000, while respondent earned approximately $105, 000. After reviewing the statutory guidelines, the court determined petitioner was entitled to permanent maintenance retroactive to November 2013. The court determined respondent was self-supporting and did not require maintenance. The court set petitioner's future child support obligation, but denied respondent's request for temporary back child support. The trial court found that respondent had dissipated approximately $9000 in marital assets by improperly removing petitioner from health insurance coverage. The court rejected all other claims of dissipation and divided the marital estate equitably. Each party was made responsible for the debt in their name and their own attorney fees. After the parties filed their respective motions to reconsider, the court determined respondent's income to be $117, 700 and ordered petitioner's maintenance recalculated based on this figure.

         ¶ 3 Respondent challenges three aspects of the judgment on appeal. She argues that the trial court erred when (1) it denied her request for retroactive child support, (2) it awarded petitioner retroactive maintenance, and (3) it found her Mercedes had $20, 000 in equity.

         ¶ 4 For the reasons stated more fully below, we affirm the judgment for dissolution of marriage in all respects.

         ¶ 5 JURISDICTION

         ¶ 6 The trial court entered its judgment for dissolution of marriage on September 7, 2016. Respondent filed a motion to reconsider on October 4, 2016, while petitioner filed his motion to reconsider on October 5, 2016. After briefing from the parties, the trial court entered an order resolving all the issues presented in each motion to reconsider on January 24, 2017. On February 21, 2017, respondent filed her notice of appeal. Accordingly, this court has jurisdiction over this matter pursuant to article VI, section 6 of the Illinois Constitution, and Illinois Supreme Court Rules 301 and 303. Ill. Const. 1970, art. VI, § 6; Ill. S.Ct. R. 301 (eff. Feb. 1, 1994); Ill. S.Ct. R. 303 (eff. Jan. 1, 2015).

         ¶ 7 BACKGROUND

         ¶ 8 The parties do not challenge several aspects of the divorce judgment, so we recite only those facts necessary for the disposition of the issues raised in this appeal. The petitioner, William S. Juiris, and respondent, Heidi L. Juiris, were married on August 18, 1990. During the marriage, two children were born, JJ (born 1996) and MJ (born 2003). JJ obtained the age of majority during the prejudgment litigation.

         ¶ 9 Petitioner filed for divorce on November 27, 2013. The parties then proceeded with three years of litigation. The parties did not separate at that time and continued to reside in the marital residence with their children until the start of trial in October 2015. During the interim, petitioner filed two motions of intent to claim dissipation of marital assets, which respondent denied. Petitioner filed a motion for temporary support on November 27, 2013, seeking temporary maintenance, statutory child support, and attorney fees. Respondent filed her own motion for temporary relief on October 3, 2014, seeking temporary child support. For reasons not stated in the record, both motions for temporary support were entered and continued until trial. Trial commenced on October 26, 2015, with additional hearings taking place on November 12, 2015, March 8 through March 10, 2016, June 10, 2016, and June 15, 2016. Petitioner and respondent both testified, as did two home appraisers and petitioner's sister. Because of the issues raised, only the parties' testimony is relevant to the disposition of this appeal.

         ¶ 10 After hearing from the above individuals, the trial court entered its judgment for dissolution of marriage on September 7, 2016. In entering its judgment, the court made several factual findings that guided its decisionmaking. The court found respondent to not be a credible witness. It further determined that the record also contained several examples of respondent's "demeaning and unsupportive conduct, including the financial manipulation of the husband." The facts established that, after the dissolution proceeding was initiated, respondent refused to communicate with petitioner regarding their children, despite residing in the same home. The court cited examples including, but not limited to, respondent's failure to inform petitioner of the date of parent-teacher conferences, her failure to discuss the length of MJ's summer camp stay, and her refusal to discuss the divorce proceedings in a reasonable manner. Petitioner was found to have always attempted to stay involved with the minors and to have made attempts to include respondent in parenting decisions.

         ¶ 11 While acknowledging that both parties worked full time during the marriage, the court concluded that respondent was the primary wage earner during the majority of the marriage. Petitioner's income was found to be approximately $49, 000. Given his age and education, it was not likely to increase in the future. Respondent's gross income was determined to be $105, 000, with $100, 000 coming from her current employer and an annual gift of $5, 000 from her parents. The court rejected petitioner's claim that the rental income from respondent's Fargo condominium should be included in her gross income. The court also rejected petitioner's dissipation claims except a claim related to respondent's removal of petitioner from ...


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