In re Marriage of Lindman

State: Illinois

Court: 2nd District Appellate

Docket No: 2-04-0408 Rel

Case Date: 03/07/2005

No. 2--04--0408

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

In re MARRIAGE OF
DAVID LINDMAN,

Petitioner-Appellant,

and

KAYLA LINDMAN, n/k/a Kayla Laswell,

Respondent-Appellee.

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Appeal from the Circuit Court
of Winnebago County.

No. 96--D--1474

Honorable
Steven L. Nordquist,
Judge, Presiding.

JUSTICE BOWMAN delivered the opinion of the court:

In 1998, petitioner, David Lindman, obtained a court order dissolving his marriage to respondent, Kayla Lindman, n/k/a Kayla Laswell. As part of the dissolution, petitioner was ordered to pay a percentage of his earnings in child support. At the time, petitioner reported annual earnings of about $80,000. Petitioner thereafter moved to modify his child support obligation, and, in 2000, that obligation was reduced. In 2000 and 2001, petitioner reported earnings of well over $100,000. Citing this fact, the circuit court reinstated his original support obligation. Petitioner appeals that decision, arguing that the circuit court erred in including, in its calculation of his net income, money he earned from an individual retirement account (IRA). We disagree and affirm.

I. BACKGROUND

After nearly 19 years of marriage, petitioner divorced respondent in 1998. At the time, their son was 5