In re Parentage of J.W.

Illinois Appellate Court
Civil Court
Attorney's Fees
Citation
Case Number: 
2017 IL App (2d) 160554
Decision Date: 
Friday, April 28, 2017
District: 
2d Dist.
Division/County: 
DuPage Co.
Holding: 
Reversed and remanded.
Justice: 
McLAREN

Attorney filed 3 motions for "interim attorney fees" on behalf of his client, seeking funds from Respondent father in parentage action. In a parentage action, court may order reasonable fees of counsel and costs to be paid by the parties in accordance with factors specified in Section 508 of Marriage and Dissolution of Marriage Act. Petitioner failed to request a hearing  on her 1st and 2nd petitions for attorney fees and thus forfeited her right to hearing for those petitions.  Where counsel has received no payment from his client due to hardship, court could order a contribution award to the party's counsel. Attorney fees, while awarded to the client, actually belong to the attorney. A party has no right to contribution where she has paid nothing to her counsel. (ZENOFF and BURKE, concurring.)