Court of Appeals of Illinois, First District, First Division
In re Marriage of WILLIAM STEVEN JUIRIS, Petitioner-Appellee, and HEIDI LYNN JUIRIS, Respondent-Appellant.
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.
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
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.
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).
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
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 ...