In re Custody of C.C.

Illinois Appellate Court
Civil Court
Attorney's Fees
Case Number: 
2013 IL App (3d) 120342
Decision Date: 
Monday, December 9, 2013
3d Dist.
Fulton Co.
Mother initiated action to determine custody and support for minor; court issued paternity order based on voluntary acknowledgment of paternity executed by mother and father day after child's birth. Two years later, intervenor asked to vacate order and alleged that he was child's biological father. Court erred in ordering intervenor to pay one-third of mother's attorney fees in failing first to determine, and specifically find, that intervenor had ability to pay those fees. Court lacks jurisdiction to review intervenor's request for downward deviation in child support, as he failed to file his notice of appeal within 30 days of when last issue was finally resolved by trial court. That mother subsequently requested contribution for attorney fees did not resurrect appellate jurisdiction to review court's denial of his motion to vacate. (LYTTON, concurring; SCHMIDT, concurring in part and dissenting in part, with opinion.)