In re Marriage of Susan H.-V

- Case citation and parties
In re Marriage of Susan H.-V., 2024 IL App (3d) 240519-U (Order filed Aug. 5, 2025) (Rule 23 non‑precedential). Petitioner‑Appellant: Susan H.-V.; Respondent‑Appellee: Bryan V.; GAL: Umberto Davi. Appeal from DuPage County (18th Cir.).

- Key legal issues
1) Whether a trial court may award GAL fees when the GAL failed to timely file statutory invoices and failed to file a court‑ordered written report/recommendation.
2) Whether the court properly reduced the GAL’s requested fees for periods it found uncompensable.
3) Whether the trial court properly allocated the remaining GAL fees solely to the parent who sought the GAL.

- Holding/outcome
The appellate court affirmed. The trial court did not abuse its discretion in (a) reducing the GAL’s fee request for specific periods, (b) declining compensation for work it found did not benefit the child or court, and (c) ordering the mother (who requested the GAL) to pay the outstanding balance ($24,505 after deductions).

- Significant legal reasoning
The court relied on the statutory framework (750 ILCS 5/506(a)(2), (b)) that requires GALs to file written recommendations and 90‑day invoices, but emphasized that the trial court retains broad discretion to award fees it finds “reasonable and necessary.” The court concluded: despite the GAL’s failures (late/omitted invoices, no pretrial report, limited admissible opinion testimony due to disclosure defects), some of his work was compensable. The trial court properly excluded compensation for specific timeframes (periods when no issues were pending or when the lack of a report meant the work did not benefit the child or the court). Allocation to Susan was supported by the court’s findings that she sought the GAL, consulted him the most, and that Bryan’s noncooperation did not disproportionately drive fees.

- Practice implications for family law attorneys
- GALs must comply with 750 ILCS 5/506: file timely 90‑day invoices and required written recommendations; failure jeopardizes fees and opinion testimony.
- Parties seeking a GAL may be held financially responsible for unpaid fees—courts can allocate costs to the requesting party.
- Preserve the record on GAL testimony (transcripts, bystander reports, stipulations) if relying on GAL opinions at trial or appeal.
- Use timely disclosures; opposing counsel can use motions in limine to restrict undisclosed opinions.
- Trial courts have wide discretion in assessing “reasonable and necessary” fees; expect tailored fee reductions where work did not benefit the child or court.
Note: this is a Rule 23 order and not binding precedent except as allowed by Rule 23(e)(1).