Legal Opinion · Dissent

In Re Marriage of Stegbauer

Appellate Court of Illinois

Decided May 16, 1980No. 15736Published

1DissentJustice Trapp

The decree entered by the trial court makes no findings of fact, or of a sum certain or even approximate as to the needs of the wife. There is no determination by decree of the husband’s ability to pay other than that he received a salary and was a corporate officer.

The decree provides in part:

“1. That the respondent pay or caused to be paid to the petitioner as maintenance 25 per cent of all net income hereafter received by him.

2. For purposes of this order the word ‘income’ shall be interpreted to include all income from any source in the form of money or property that becomes available to…

2Cases cited2 opinions

  1. Robbins v. RobbinsAppellate Court of Illinois · 1976
  2. Smith v. SmithAppellate Court of Illinois · 1979

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