In re Marriage of Hassiepen
Illinois Court of Appeals
646 N.E.2d 1348 (1995)
Cynthia Hassiepen (plaintiff) and Kevin Von Behren (defendant) divorced with three children and a child- support order. Von Behren later moved in with Brenda, and the two started an electrical contracting company: Von Behren contributed tools, the business used Brenda's credit cards for supplies, Von Behren did the electrical work while Brenda handled the office, and all business signage and cards listed Von Behren as sole owner, with no written partnership agreement. They kept one joint checking account into which all company income flowed and from which they also paid personal expenses. When the business took off, Hassiepen moved to increase child support; the trial court found Von Behren and Brenda were business partners and attributed half the company's income to Von Behren for support purposes. Hassiepen appealed, arguing Von Behren was the sole owner and Brenda merely his employee.
Whether a partnership is created when parties join to carry on a venture for their common benefit, each contributes property or services to it, and each has a community of interest in its profits.