In re Marriage of Goesel

Illinois Appellate Court
Civil Court
Attorney's Fees
Citation
Case Number: 
2017 IL App (3d) 150101
Decision Date: 
Tuesday, January 24, 2017
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed and vacated; remanded.
Justice: 
CARTER

In dissolution proceedings, wife filed petition for interim attorney fees. Court found that neither party had current ability to pay attorney fees and ordered husband's attorney to disgorge $40,952 of attorney fees that husband had paid to her. Court did not have discretion to consider wife's assets when determining her ability to pay attorney fees. Court within its discretion in refusing to order wife to sell real estate to pay attorney fees. When retainer money is available to be refunded to client under retainer agreement as to time of notice of motion for interim attorney fees, those funds are also "available" for disgorgement under Section 501(c)(1)(3) of Marriage and Dissolution of Marriage Act. A court may not require payment of interim attorney fees by disgorgement of retainer funds previously paid to attorney when, prior to attorney receiving notice of petition for interim fees, attorney has already earned those funds. (HOLDRIDGE and SCHMIDT, concurring.)