In re Marriage of Julin, 2025 IL App (1st) 241855-U
508(b) Attorney Fees Require Specific Written Findings
Illinois appellate court vacated attorney fees award under section 508(b) due to inadequate factual findings and missing transcripts preventing meaningful review. Trial courts must make specific written findings linking misconduct to fees. Practitioners need complete records for fee petitions.
Facts
Lisa Julin and Jonathon Siegel divorced with a marital settlement agreement that waived routine attorney fees but preserved section 508(b) claims for misconduct-based fees. The trial court awarded Siegel attorney fees under section 508(b) and allocated GAL fees 55% to Julin.
Issue
Whether the trial court properly awarded attorney fees under section 508(b) for noncompliance with court orders and improper litigation conduct, and whether GAL fee allocation was proper.
Holding
The appellate court vacated the section 508(b) attorney fee award due to inadequate factual findings and incomplete record, but affirmed the GAL fee allocation. Trial courts must make specific written findings linking misconduct to fee liability with proper evidentiary support.
Key Reasoning
- Section 508(b) claims remained available despite fee waiver because settlement agreement expressly preserved these misconduct-based fee awards
- Missing hearing transcripts and unclear evidentiary support created gaps preventing meaningful appellate review of attorney fee award
- GAL fee allocation was supported by adequate evidence showing petitioner precipitated parenting-time litigation
- Trial court failed to make specific findings demonstrating noncompliance without compelling cause or improper purpose litigation
Practical Impact
For Petitioners
Develop clear evidentiary record for 508(b) fee petitions with specific misconduct documentation and preserve all hearing transcripts
For Respondents
Challenge fee petitions by highlighting lack of specific findings and inadequate evidentiary support for claimed misconduct
When This Applies
Applies when seeking misconduct-based attorney fees under 508(b); routine fee awards under other sections have different requirements
Statutes Cited
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