In re Marriage of Werhun, 2025 IL App (3d) 250201-U
Trial Court Must Address Income Imputation Claims
The appellate court affirmed most rulings but reversed the trial court's failure to impute income to Jeffrey, requiring remand. Courts must consider earning capacity when current income appears artificially low. Attorneys should document prior earnings history and business opportunities when seeking income imputation.
Facts
Erin and Jeffrey Werhun divorced with disputes over parenting time restrictions due to Jeffrey's alcohol use, maintenance calculations, and asset allocation. The trial court entered judgment, and Erin appealed multiple rulings including the court's failure to impute income to Jeffrey.
Issue
Whether the trial court erred in refusing to restrict parenting time for alcohol use, finding no cohabitation, failing to impute income, and making insufficient dissipation findings.
Holding
The appellate court affirmed the parenting time and cohabitation rulings but reversed on income imputation, finding the trial court abused its discretion. The court remanded for detailed dissipation findings due to insufficient record specificity.
Key Reasoning
- Courts may only restrict parenting time under section 603.10 when alcohol use interferes with actual caretaking ability
- GAL testimony showing no impairment during supervised visits supported maintaining current arrangements with monitoring
- Prior earnings history and post-separation financial behavior supported imputing income despite current low reported income
- Dissipation findings require specific tracing and detailed calculations to enable meaningful appellate review
Practical Impact
For Petitioners
Develop comprehensive evidentiary records for substance abuse claims including impairment documentation, and preserve detailed financial records showing spouse's earning capacity for income imputation motions
For Respondents
Counter income imputation with evidence of genuine inability to earn at prior levels, and ensure GAL testimony focuses on actual parenting performance rather than general substance use
When This Applies
This case applies when seeking income imputation based on earning capacity; it doesn't apply when current income accurately reflects actual earning ability
Statutes Cited
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