In re Marriage of McJoynt, 2025 IL App (3d) 240447-U
Fee Waivers Can Be Lost Through Conduct
Illinois courts can require parties with fee waivers to pay guardian ad litem fees if circumstances change. Trial courts have discretion to reallocate GAL fees based on conduct and changed circumstances. Parties must object promptly to avoid waiving their fee waiver protection.
Facts
Theodore McJoynt and Angela McJoynt divorced with children requiring guardian ad litem representation. Angela initially obtained a fee waiver but later hired counsel and made GAL payments. The trial court reallocated GAL fees equally between both parties despite Angela's original fee waiver.
Issue
Whether a party with a Rule 298 fee waiver can later be required to pay guardian ad litem fees after changed circumstances.
Holding
The appellate court affirmed that Angela waived her fee waiver through conduct including hiring counsel, making GAL payments, and failing to timely object. Trial courts have discretion to reallocate GAL fees when circumstances change, and laches principles apply to delayed objections.
Key Reasoning
- GAL appointment and fee allocation are equitable matters within trial court discretion
- Waiver by conduct occurred through hiring counsel, making payments, and failing to object promptly
- Laches principles apply - timely objection could have allowed vacatur or different allocation
- Fee waivers tied to self-representation don't provide indefinite immunity after circumstances change
Practical Impact
For Petitioners
Document opposing party's conduct and changed financial circumstances to support GAL fee reallocation arguments
For Respondents
Object immediately to GAL appointments if claiming fee waiver protection and avoid making any GAL payments without court direction
When This Applies
Applies when parties with fee waivers hire counsel or make payments; doesn't apply to indigent parties who maintain pro se status throughout
Statutes Cited
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