In re Marriage of Kane

Illinois Appellate Court
Civil Court
Attorney's Fees
Citation
Case Number: 
2018 IL App (2d) 180195
Decision Date: 
Wednesday, October 31, 2018
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Reversed.
Justice: 
SPENCE

Attorney had formerly represented husband in dissolution of marriage case, having been allowed leave to withdraw. Attorney filed against husband a petition for setting final fees and costs, under Section 508( c) of Marriage and Dissolution of Marriage Act, seeking $48,000 in unpaid attorney fees. After hearing, court awarded attorney $12,500. Husband later filed against that attorney a petition for attorney fees pursuant to Section 508(a)(3) of the Act. As attorney was not a party to the underlying dissolution action, husband had no statutory right to seek fees from him under Section 508(a) of the Act.(JORGENSEN and SCHOSTOK, concurring.)