TRIAL COURT IMPUTED INVESTMENT INCOME TO WIFE FOR SETTING CHILD SUPPORT AND MAINTENANCE

The trial court was calculating child support and maintenance.  It found that the wife was awarded $1,136,535 in investments and $471,500 in cash.  It applied a 6.5-percent rate of return to $950,000 of those assets.  That took into account the amount that the wife had to pay off certain debts.  Wife appealed.

This was a case involving child support and maintenance.  The evidence showed the parties’ investment portfolio had a historical rate of return of 9.93 percent. The trial court was well within its discretion to include the interest income. It was two thirds of the historical rate of return. 

The trial court also declined to impute to the husband interest income attributable to the $600,000-plus held in his business as retained earnings. There was no evidence that the husband had manipulated his income to minimize his support obligations.  His testimony indicated that his company needed to keep large cash reserves on hand.  To acquire bonds for large commercial projects.

In re Marriage of Lugge, 2020 IL App (5th) 190046

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