In re Marriage of Levinson

Illinois Appellate Court
Civil Court
Attorney's Fees
Citation
Case Number: 
2013 IL App (1st) 121696
Decision Date: 
Thursday, May 2, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed in part and vacated in part.
Justice: 
FITZGERALD SMITH
Court properly awarded wife $78,500 in interim attorney fees, and properly considered all statutory factors. Allowing a party to not pay reasonable interim fees solely because the other party previously paid more to her own attorneys is unjust and contrary to purpose of statute. Marriage and Dissolution of Marriage Act does not allow for parties to generally test validity of interim fees awards under guise of "friendly contempt" merely because party does not agree with the award. Contumacious behavior of party in openly refusing, in open court, to pay interim fees per order is direct civil contempt. (LAVIN and EPSTEIN, concurring.)