In re Marriage of Pora, 2019 IL App (1st) 172616-U

- Case citation and parties
In re Marriage of Pora, 2019 IL App (1st) 172616-U (1st Dist. Jan. 29, 2019) (Sup. Ct. R. 23 order — nonprecedential). Petitioner-Appellant: John Pora. Respondent-Appellee: Renee Pora.

- Key legal issues
1) Whether the trial court erred in awarding Renee a $150,000 lien against John’s non‑marital real estate as reimbursement for her contributions.
2) Whether the court erred in imputing $20,000 of additional income to John based on unreported contractor/side work.
(Statutory backdrop: 750 ILCS 5/503(c) — reimbursement and lien authority.)

- Holding/outcome
The appellate court affirmed the dissolution judgment: the $150,000 lien/reimbursement and the $20,000 income imputation were upheld. The court also rejected procedural objections to the certified bystander’s report (Rule 323) as forfeited.

- Significant legal reasoning (concise)
- Reimbursement/lien: Section 503(c) permits reimbursement to a contributing estate and allows liens on non‑marital property when contributions are traceable by clear and convincing evidence and not a gift. The trial court found Renee’s testimony corroborated by retirement‑account withdrawal documents and corresponding deposits to joint accounts sufficient to trace contributions. Additional facts (mortgage listing, tax bill, home improvements during the marriage) supported the finding. The appellate court reviewed for manifest weight and found the award was not against the manifest weight of the evidence.
- Income imputation: The court found John incomplete and evasive about part‑time construction income, admitted to receiving checks and cash for side jobs and barter, and failed to produce corroborating records. Imputing $20,000 was premised on those credibility and evidentiary findings and was sustained.
- Procedural: A belated Rule 323(c) challenge to the certified bystander’s report was forfeited where the parties and court treated and signed the report without timely objection.

- Practice implications for attorneys
- When a spouse contributes non‑marital funds to non‑marital real estate, contemporaneous tracing (withdrawal records, deposit/transfer records, receipts) is critical to secure reimbursement/lien rights.
- If you represent the contributor, preserve documentary proof (retirement withdrawals → joint account deposits → expenditures) and secure appraisals/valuation evidence; if representing owner, challenge traceability and offer evidence of loans/repayment/gift characterization.
- For income issues, counsel must compel bank records, 1099s, and corroborating documents; evasive testimony invites imputation.
- Raise procedural objections (e.g., Rule 323 timing) promptly at trial/certification — failure to do so may forfeit appellate challenge.