It is not uncommon for one parent to stay home with the children, while the other is the primary income earner. This arrangement works well for families who want to maximize time with their children, but in the event of a divorce, the stay at home parent is often at financial disadvantage when trying to secure legal representation in the divorce.
In Illinois, interim attorney fees in a divorce are a mechanism under the Illinois Marriage and Dissolution of Marriage Act (IMDMA) designed to ensure both parties in a divorce or child custody matter have access to legal representation, especially when there’s a financial disparity between the parties. These fees are temporary payments ordered by the court to cover attorney costs during the litigation process, leveling the playing field for a spouse or parent with fewer financial resources.
Key Aspects of Interim Attorney Fees
The purpose is to provide temporary financial support for legal representation during a case, ensuring that a less financially advantaged party can effectively participate in the legal process.
Governed by 750 ILCS 5/501(c-1) and 750 ILCS 5/508, these provisions allow courts to order one party to pay a reasonable amount of the other party’s attorney fees and costs during the pendency of a case.
In 2018, legislation introduced the ability to also seek a retainer fee from the other party to cover initial attorney costs, addressing situations where one party cannot afford to hire a lawyer upfront.
Eligibility and Criteria When Requesting Interim Attorney Fees
The court considers several factors to determine if interim fees are appropriate. The requesting party must show an inability to pay attorney fees, while the other party has the ability to pay. Both parties will submit financial affidavits to the court revealing the financial circumstances.
The fees requested must be reasonable, based on the complexity of the case, the attorney’s experience, and prevailing rates in the area. The requesting party must operate in good faith. If interim attorney fees are granted, the award will be reconciled at the final fee allocation during the settlement of the case.
Contact an Experienced Family Law Attorney for Help
Many stay at home parents have fewer financial resources, which can make it very difficult to secure legal representation in the event of a divorce. Fortunately, interim attorney fees may be an option to bridge the gap. If you have questions regarding the payment of attorney’s fees as part of your family law case, contact Attorney Ronald L Bell & Associates for immediate assistance today.