In re Marriage of Tiballi

Illinois Supreme Court
Civil Court
Citation
Case Number: 
2014 IL 116319
Decision Date: 
March 20, 2014
District: 
2d Dist.
Division/County: 
Kane Co.
Justice: 
THOMAS
Holding: 
Circuit court and appellate court reversed and remanded.
In postdissolution proceedings, father filed petition to modify, seeking residential custody of partiesfd’ daughter, then age 14. Court appointed a psychologist to give custody recommendation per Section 604(b) of Illinois Marriage and Dissolution of Marriage Act. Court dismissed without prejudice father’s petition to modify. Custody evaluator’s fees are not “court costs” under Sections 2-1009 and 5-116 of Code of Civil Procedure. Section 604(b) of Marriage Act provides for court to allocate evaluator fees, based on ability of parties and other appropriate factors. (GARMAN, FREEMAN, KILBRIDE, KARMEIER, BURKE, and THEIS, concurring.)