The Circuit court had statutory authority to award the wife maintenance and child support from the date of her request in the petition for dissolution. Appropriate credit was given for the temporary payments husband had made.

Section 505(a)(3.1)(A) of the Marriage and Dissolution of Marriage Act now explicitly excludes accelerated depreciation from the calculation of net business income. Nonaccelerated depreciation can still be deducted. But only if the court, in its discretion, determines that the claimant has established it to be an appropriate and reasonable business expense It must be required to carry on the trade or business.

Circuit court had statutory authority to award wife maintenance and child support from the date of her request in the petition for dissolution, with appropriate credit given for the temporary payments husband had made. Section 505(a)(3.1)(A) of Marriage and Dissolution of Marriage Act now explicitly excludes accelerated depreciation from calculation of net business income. Nonaccelerated depreciation can still be deducted, but only if the court, in its discretion, determines that the claimant has established it to be an appropriate and reasonable business expense that is required to carry on the trade or business.

In re Marriage of Hochstatter, 2020 IL App (3d) 190132 (February 7, 2020)

Angela Peters