In re Marriage of Brown, 2021 IL App (5th) 200007-U

1) Case citation and parties
- In re Marriage of Brown, 2021 IL App (5th) 200007‑U.
- Petitioner‑Appellant: Robbyn C. Brown. Respondent‑Appellee: Kirk H. Brown. Appeal from St. Clair County circuit court (No. 17‑D‑749).

2) Key legal issues
- Classification and distribution of marital property (including funds in Michigan accounts and a residence purchased with retirement funds).
- Child support (temporary support, termination when child reached majority, and retroactive support).
- Alleged dissipation of marital assets.
- Attorney’s fees and preservation of discovery issues.

3) Holding/outcome
- The appellate court affirmed the circuit court’s dissolution judgment as to child support and marital property distribution.
- The court held petitioner forfeited (on appeal) her challenge regarding the Michigan accounts, waived the dissipation issue, and that the attorney‑fee claim was inapplicable.

4) Significant legal reasoning
- Preservation doctrine: the court emphasized the distinction between forfeiture and waiver. Issues not timely raised at trial or in a written posttrial motion are generally forfeited and not reviewable on appeal. Petitioner failed to file a motion to reconsider the circuit court’s August 28, 2018 discovery/order regarding the Michigan accounts and did not raise those matters at the final hearing.
- Jurisdictional/ownership limits: the trial court correctly recognized limits to its authority over third‑party trust assets (Michigan accounts connected to respondent’s mother/grandmother). The court found beneficiaries had no present property interest while the settlor lived, so those funds were not available as marital assets or for retroactive child‑support relief in that proceeding.
- Postnuptial agreement and retirement funds: parties’ postnuptial agreement treated pensions/401(k) as nonmarital; respondent’s purchase of the Cedar Ridge residence with retirement funds supported classification of those assets as nonmarital.
- Child support: temporary support was ordered, later terminated when the minor reached majority; specific retroactive adjustments were addressed (overpayments applied to certain months; some retroactivity denied).

5) Practice implications
- Preservation is critical: timely object, seek specific discovery relief, and file written posttrial motions (e.g., motion to reconsider) to preserve appellate review.
- When third‑party trusts or out‑of‑state accounts are implicated, counsel must trace funds, show present beneficial interest, and pursue targeted discovery and timely motions to compel or reconsider.
- Carefully review and litigate the effects of premarital/postnuptial agreements on retirement and asset classification; document source of funds used to purchase assets.
- Attend hearings (including bifurcation/status conferences); failure to appear can prejudice procedural and substantive rights (e.g., nunc pro tunc orders, bifurcation).