In re Marriage of Schonert
Court: Illinois Appellate Court | Published: 8/27/2025
Marriage
Quick Summary:
<h3>Case</h3>
<strong>In re Marriage of Samantha M. Schonert (n/k/a Samantha Thorne) and Scott A. Schonert</strong>, 2025 IL App (4th) 241115‑U; No. 4‑24‑1115 — Appellate Court of Illinois, Fourth Dis...
Full Case Summary
Case
In re Marriage of Samantha M. Schonert (n/k/a Samantha Thorne) and Scott A. Schonert, 2025 IL App (4th) 241115‑U; No. 4‑24‑1115 — Appellate Court of Illinois, Fourth District.Panel & Trial Court
Judgment delivered by: Justice Lannerd (Doherty & Knecht, JJ., concur). Trial court: Tazewell County Circuit Court, No. 22DC71 (Judge Stephen A. Kouri).Background (brief)
Married 1998; two children (one born Mar. 2003, one Nov. 2007). Both parties long‑term Caterpillar employees. Dissolution petition filed May 2022; bench trial resolved vehicle characterizations, pension division, retroactive child support, maintenance, and post‑judgment disputes.Disposition — Summary of Holdings
- Disposition: Affirmed in part, reversed in part, vacated in part, and remanded with directions. - Vehicles: The trial court’s characterization of Samantha’s 1969 Ford Mustang as marital property was reversed — the Mustang is nonmarital. The trial court’s classification of Scott’s show 1970 Chevrolet Blazer as marital property was affirmed. The property division is to be modified accordingly. - Maintenance: The denial of spousal maintenance was vacated as an abuse of discretion because the trial court failed to make the specific factual findings required by 750 ILCS 5/504(b‑2) and appeared to rely improperly on an alleged misrepresentation as a sanction. Remand ordered for a new maintenance determination under the statutory factors. - Pensions: The equal division of the marital portion of both parties’ Caterpillar pensions (to be implemented by a QDRO) was affirmed; the trial court did not abuse its discretion in using that method rather than an immediate offset. - Retroactive child support: The trial court’s grant of Samantha’s motion to reconsider and its award of retroactive child support ($935/month) effective March 15, 2023 was upheld; Samantha’s argument to backdate to May 2022 was forfeited on appeal. - Damages & fees re: property exchange: The trial court’s award of $2,650 to Scott for damaged personal property (half of his claimed $5,300) was affirmed. The court properly denied Scott’s request for attorney fees under 750 ILCS 5/508(b) related to his petition for a rule to show cause; no contempt finding was sought or made and the record supported the court’s exercise of discretion. - Required findings: The trial court must enter detailed, statutory findings when awarding or denying maintenance in compliance with 750 ILCS 5/504(b‑2).Remand Directions
- Modify the judgment to reflect the Mustang as Samantha’s nonmarital property and adjust any offsets/allocations accordingly. - Vacated maintenance order remanded for the trial court to determine (using only the evidence already admitted at trial) whether maintenance is appropriate under 750 ILCS 5/504(a)(1)–(14) and to enter explicit factual findings and reasoning that comply with 750 ILCS 5/504(b‑2). No new evidence is permitted on remand.Other
The opinion was filed under Supreme Court Rule 23 and is not precedent except as allowed by Rule 23(e)(1). Final judgment originally entered July 2, 2024; appeal and cross‑appeal followed.Ask AI About This Case
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