In re Marriage of Reppen-Sonneson

Nos. 2--97--1075, 2--97--1197,
2--98--0040, 2--98--0543 cons.
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IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT
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In re MARRIAGE OF ) Appeal from the Circuit Court
JUDY REPPEN-SONNESON, ) of Winnebago County.
)
Petitioner-Appellant, ) No. 96--D--599
)
and )
)
ROBERT W. SONNESON, )
) Honorable Richard W. Vidal,
Respondent-Appellee. ) Judge, Presiding.
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JUSTICE INGLIS delivered the opinion of the court:

Petitioner, Judy Reppen-Sonneson (Judy), appeals numerous
orders of the circuit court of Winnebago County following the
judgment of dissolution of her marriage to respondent, Robert W.
Sonneson (Robert). On appeal, Judy contends that the trial court
abused its discretion in valuing and dividing the marital property
and that its maintenance award was inequitable. She also contends
that the trial court abused its discretion in ordering Robert to
pay only a portion of Judy's attorney fees. We affirm.
With regard to her value and distribution argument, Judy
primarily contends that the court's determination that Robert's
business, Sonneson Construction, Inc. (Sonneson), had a value of
zero was both against the manifest weight of the evidence and an
abuse of discretion. The valuation of marital assets is a matter
for the trial court, and as long as the court's valuation is within
the range testified to by the experts, it ordinarily will not be
disturbed on appeal. In re Marriage of Hunter, 223 Ill. App. 3d
947, 956 (1992). Any conflicts in testimony regarding the value of
marital assets are matters for the trier of fact, and a valuation
within the range testified to by the parties' experts will not be
disturbed on review. In re Marriage of Olson, 223 Ill. App. 3d
636, 646 (1992).
Robert described Sonneson as a construction business
concentrating in new construction. Robert is president of the
company and is primarily responsible for the company's earnings.
Brice Evans, an accountant who has handled the accounting for the
company since 1988, testified that its retained earnings had been
declining and that the company essentially showed no profit. He
valued Sonneson at zero. The only evidence offered by Judy
concerning the value of Sonneson was a profit and loss statement
which had been submitted to a bank for the purpose of obtaining a
loan. Judy never explained how this document reflected on the true
market value of Sonneson. Given the evidence presented, the trial
court's determination that Sonneson had a value of zero was not
against the manifest weight of the evidence.
Moreover, there is no indication from the record that Judy was
prevented from gathering evidence as to the value of the business.
It is the parties' obligation to present the court with sufficient
evidence of the value of the property. In re Marriage of Smith,
114 Ill. App. 3d 47, 54 (1983). Under the circumstances, we agree
with Robert that Judy should not be allowed to benefit from her
failure to introduce evidence at trial as to the value of the
company. See In re Marriage of Leff, 148 Ill. App. 3d 792, 802-04
(1986).
Judy asserts that the court failed to consider several
infirmities in Evans' testimony. We disagree. Through cross-
examination by Judy's counsel, Evans testified that he was not a
certified public accountant. Evans also revealed that the figures
he received for the tax returns came from Robert. Thus, the court
was aware of any deficiencies and, sitting as trier of fact, was
free to accept or reject Evans' testimony.
Regarding the court's division of the parties' assets and its
award of maintenance, we find no abuse of discretion. It is clear
from the record that Judy received the larger share of the marital
assets. The court awarded Judy the equity in the marital home of
$63,863, a car and household goods valued at $20,000, and 15% of an
IRA valued at $6,227. The court awarded Robert the equity in two
12-family apartment buildings of $53,200, and the boat, trailer,
and household goods valued at $12,000.
Judy argues that the court abused its discretion in not
awarding her one of the apartment buildings. However, she ignores
the fact that Robert was ordered to pay substantial debts and
maintenance while sharing physical custody of their three children.
Robert was ordered to pay $10,000 towards Judy's credit card debt,
$18,863 for the marital home equity loan, 1995 property taxes on
the home, health insurance for the three children, Judy's health
insurance under COBRA, $3,000 of Judy's attorney fees, $75 per week
rehabilitative maintenance to be reviewed in two years, and $75 per
week child support. We find no inequity in the court's division of
the marital assets.
We also determine that the court did not abuse its discretion
in awarding $75-per-week maintenance to Judy. She argues that the
award fails to consider her poor health, expenses, and the life-
style she enjoyed during her 15-year marriage. Judy further
contends that the trial court abused its discretion by not awarding
her one of the apartment buildings so that she would have an
income-producing asset to assist her in becoming self-sufficient.
The trial court is allowed to award maintenance in an amount
it deems just after considering relevant factors such as: financial
resources of the party seeking maintenance including marital
property the party was apportioned; standard of living established
during the marriage; duration of the marriage; age, physical and
emotional condition of both parties; and ability of the other
spouse to pay maintenance while meeting his needs. In re Marriage
of Frederick, 218 Ill. App. 3d 533, 542 (1991); 750 ILCS 5/504
(West 1996). An award of maintenance is within the discretion of
the trial court, and it will not be disturbed on review unless
there is an abuse of discretion or the determination is against the
manifest weight of the evidence. In re Marriage of Frederick, 218
Ill. App. 3d at 542.
In awarding maintenance, the trial court noted that Robert
earned a net income of $500 per month, that there was a disparity
in earning capacity, that Judy had devoted time towards domestic
duties, and that the marriage was of substantial duration. Judy
was 40 years old at the time of trial. According to Judy, she has
back problems from lifting heavy trays and is on medication for her
feet. Judy claims that she cannot work at a job which requires
heavy lifting or standing.
As stated above, we do not find that awarding both income
producing properties to Robert to be an abuse of discretion given
the substantial debts Robert has been ordered to assume. Nor do we
believe that either Judy's health or lack of experience would
prevent her from obtaining meaningful or financially rewarding
employment in the future as the record establishes that Judy has a
college degree and has recently completed training as a travel
agent. Here, the evidence indicates future employability, and the
two-year time limitation to review her circumstances encourages
Judy to become self-sufficient. The award of maintenance
constitutes 15% of Robert's monthly income. Such an amount has
been held to be reasonable. See, e.g., In re Marriage of Orlando,
218 Ill. App. 3d 312, 322 (1991)(maintenance award constituting
less than 10% of monthly net income upheld). We find no abuse of
discretion in the award of maintenance.
Judy next contends that the child support award of $75 per
week also was an abuse of discretion because the award does not
comport with the statutory guidelines enumerated in the Illinois
Marriage and Dissolution of Marriage Act (Act). 750 ILCS
5/505(a)(1) et seq. (West 1994). Both parents have an obligation
to financially support their children. In re Marriage of Duerr,
250 Ill. App. 3d 232, 238 (1993). Section 505 (a)(1) provides as
a guideline that the noncustodial parent pay approximately 32% of
his or her net monthly income in child support when there are three
children. 750 ILCS 5/505(a)(1)(West 1994). When custody is
shared, the court may apportion the percentage between the parents
(In re Marriage of Duerr, 250 Ill. App. 3d at 238), or may
disregard the statutory guidelines in the Act and instead consider
the factors listed in section 505(a)(2) (In re Marriage of
Steadman, 283 Ill. App. 3d 703, 708-09 (1996)).
The parties agreed to share in the legal and physical custody
of their three children. Because both parents share the custody of
the children, the trial court was not obligated to rely on the
statutory guidelines. In this case, only Robert was ordered to pay
$75 per week in child support. In addition to providing the sole
support, Robert pays the children's health insurance and 75% of any
extraordinary medical expenses such as orthodontia. Robert has
just as much responsibility in caring for the children as Judy. We
do not find that the court abused its discretion.
Lastly, Judy contends that the award of $3,000 toward her
attorney fees of $8,000 was an abuse of discretion. Generally,
each party has the primary obligation to pay his own attorney fees.
In re Marriage of Orlando, 218 Ill. App. 3d at 322. After the
financial resources of the parties are considered, section 508 of
the Act provides that the court may order a spouse to pay a
reasonable amount for the costs and attorney fees necessarily
incurred by the other spouse. 750 ILCS 5/508 (West 1994). The
allowance of attorney fees rests within the sound discretion of the
trial court and that discretion will not be disturbed unless it is
clearly abused. In re Marriage of Orlando, 218 Ill. App. 3d at
322. In light of the parties' economic circumstances and the
significant amount of debt which Robert was ordered to assume, we
cannot say that the award of attorney fees was an abuse of
discretion.
In closing, we note that in appeal No. 2--98--0040, Judy
appeals from the trial court's order entering judgment against Judy
for her own attorney fees. However, Judy raises no arguments
regarding this appeal. Similarly, Judy raises no contentions
regarding appeal No. 2--98--0543, an order dismissing with
prejudice the petition for attorney fees brought by Robert's
attorney. Under Supreme Court Rule 341(e)(7)(Official Reports
Advance Sheet No. 13 (June 18, 1997), R. 341 (e)(7), amended eff.
July 1, 1997), an appeal taken without argument or analysis
presented for the court's consideration will be dismissed.
Department of Transportation v. Ass'n of Franciscan Fathers, 93
Ill. App. 3d 1141, 1151 (1981). Accordingly, we dismiss these
appeals.
For the reasons given above, the judgment of the circuit court
of Winnebago County is affirmed in Nos. 2--97--1075 and 2--97--
1197.
Appeal No. 2--97--1075 affirmed.
Appeal No. 2--97--1197 affirmed.
Appeal No. 2--98--0040 dismissed.
Appeal No. 98--0543 dismissed.
GEIGER, P.J., and RATHJE, J., concur.