In re Marriage of Sandra D. Dahm-Schett and Mark R. Schell

East St. Louis Illinois divorce lawyers represented the Petition and Respondent in a dissolution action.

Sandra Dahm-Schell and Mark Schell were married on November 7, 1992. On August 12, 2014, Sandra filed for a dissolution of marriage. While the dissolution of marriage action was pending, Mark's mother died, and he inherited approximately $615,000. The inheritance was held in various checking accounts and investment accounts, the majority being held in two IRAs. On October 11, 2016, the circuit court entered a judgment of dissolution of marriage in the parties' divorce case, No. 14-D-637. The parties had five children, three of whom were minors at the time of the dissolution of the marriage. In the judgment of dissolution of marriage, the circuit court found that based upon the 2015 financial statements provided by Mark, he earned a monthly gross income of $8301.83 at his place of employment. He also earned $462.33 per month in dividends from the inherited IRAs, bringing his monthly gross income to $8764.16 per month or $105,169.92 per year. The parties stipulated in the circuit court proceedings that the inheritance was Mark's nonmarital property, and the respondent was subsequently awarded all the inheritance he received from his mother. When initially calculating child support and maintenance in its October 11, 2016, order, the circuit court did not include Mark's inheritance as part of his income; instead, the circuit court only included the respondent's dividend earnings from the inherited IRAs.

Affirmed in part and reversed in part.