In re Marriage of McJoynt

- Case citation and parties
In re Marriage of McJoynt, 2025 IL App (3d) 240447-U (Ill. App. Ct. 3d Dist. Sept. 5, 2025). Petitioner-Appellee: Theodore McJoynt. Respondent-Appellant: Angela McJoynt. (Rule 23 order; non‑precedential.)

- Key legal issues
1) Whether a litigant who received a Rule 298 / 735 ILCS 5/5‑105 fee waiver can later be required to pay part of a court‑appointed guardian ad litem’s (GAL) fees.
2) Whether the trial court abused its discretion by appointing a second GAL and by reallocating GAL fees between the parties (including application of waiver and laches defenses).

- Holding / outcome
The appellate court affirmed. The trial court did not err in (a) finding Angela waived her earlier fee waiver and ordering her to pay a portion of the first GAL’s fees, and (b) appointing a second GAL and reallocating that GAL’s fees—ultimately entering equal fee judgments against both parties.

- Significant legal reasoning
- Trial court discretion: appointment of GALs and allocation of their fees is an equitable matter within the trial court’s discretion; reallocation is permitted where circumstances warrant.
- Waiver by conduct: although Angela obtained an initial fee waiver as a self‑represented litigant, the court found she waived the waiver by conduct—failing to object to the GAL appointment/initial retainer split, later obtaining counsel, making payments to the GAL, and awaiting resolution rather than seeking earlier relief. Neither party disputed the reasonableness of the GAL fees, so the appeal turned on allocation, not fee quantum.
- Laches/equity: the court noted laches implications—timely objection could have allowed vacatur or guidance—so delay undermined Angela’s position. The court also relied on the litigation history (emergency motions and parenting concerns tied to Angela’s conduct) in reassessing fee responsibility.
- Fee waiver scope: the waiver was tied to self‑representation and did not indefinitely immunize Angela after circumstances (counsel appearance, conduct and payments) changed.

- Practice implications (concise)
- Preserve objections immediately: object promptly to GAL appointments and retainer orders if asserting a fee waiver.
- Put waiver scope on the record: obtain explicit, written orders defining whether a fee waiver covers GAL fees and whether it survives appearance of counsel.
- Avoid involuntary‑looking payments: payments to a GAL can be construed as waiver—seek court direction before paying.
- Move early for vacatur/reallocation: if circumstances change, move quickly to relitigate appointment or allocation to avoid laches.
- Document finances and litigation conduct: trial courts consider parties’ conduct and resources when reallocating GAL costs; develop evidence accordingly.

(Note: Rule 23 order; not binding precedent except as permitted by Rule 23(e)(1).)