In re Marriage of McJoynt
Court: Illinois Appellate Court | Published: 9/9/2025
Marriage
Quick Summary:
<h3>Case & Citation</h3>
<strong>In re Marriage of Theodore McJoynt</strong><br>
2025 IL App (3d) 240447‑U — Order filed September 5, 2025 (Sup. Ct. R. 23).
<h3>Court & Panel</h3>
<strong>Illinois Ap...
Full Case Summary
Case & Citation
In re Marriage of Theodore McJoynt2025 IL App (3d) 240447‑U — Order filed September 5, 2025 (Sup. Ct. R. 23).
Court & Panel
Illinois Appellate Court, Third District. Judgment delivered by Justice Peterson; Justices Anderson and Bertani concurred. Trial court: 18th Judicial Circuit, Du Page County (Hon. James F. McCluskey).Nature of Case & Procedural Posture
Dissolution of marriage with three minor children. Two guardians ad litem (GALs) were appointed at different times (Brian Covert and later Chuck Roberts). After settlement and entry of judgment, both GALs filed fee petitions. The trial court granted the petitions and entered judgments against both parties; on Theodore’s motion to reallocate fees it ultimately split GAL fees equally. Angela appealed, challenging (1) the requirement she pay part of Covert’s fees despite an earlier court‑granted fee waiver, and (2) the appointment of—and equal fee allocation for—Roberts. The appellate court affirmed.Key Facts & Fee Figures
- Angela received a full fee waiver in Oct. 2022 while self‑represented (reported low income); she later retained counsel (Mar. 2023).- Covert: ~47 hours; fees ≈ $12,900. An agreed order at one point allocated 70% to Theodore/30% to Angela; payments left Angela having paid most of her share but some balances remained. Theodore later moved to reallocate so Angela would pay 70% and he 30%; the trial court instead ordered an equal split at the fee hearing.
- Roberts: appointed sua sponte during emergency proceedings (Oct. 2023); $2,500 retainer ordered; total fees ≈ $5,800. Angela’s October 2022 fee waiver had expired before Roberts’s appointment.
Trial Court Rulings
- Granted both GAL fee petitions in full and entered judgments for unpaid fees.- Found Angela had waived her earlier fee waiver (by conduct and payments) and alternatively barred her claim by laches for delay that prejudiced Theodore and the GALs.
- Exercised discretion to appoint Roberts and to split his fees equally between the parties.
Appellate Court Analysis & Holding
- Standard of review: appointment of GAL, approval of GAL fees, and allocation decisions reviewed for abuse of discretion; waiver is reviewed de novo as a legal question. Statutory authority: 750 ILCS 5/506. Cited authorities include Patel & Sines‑Patel, Petrik, Soraparu, and cases on waiver/laches (Mollihan; Tully; Tillman).- Waiver and laches: The court agreed the trial court reasonably found Angela impliedly waived the fee waiver (her conduct—nonobjection and partial payments—was inconsistent with preserving the right) and that laches barred her late challenge because delay prejudiced the other parties. Because of these equitable findings, the court affirmed the order requiring Angela to pay part of Covert’s fees and did not decide whether the fee waiver ceased upon her retention of counsel.
- Second GAL and fee allocation: The appellate court found no abuse of discretion in the trial court’s sua sponte appointment of Roberts, the fee award to him, or the equal split of Roberts’s fees. The trial court permissibly considered the parties’ circumstances, who caused the need for GAL involvement, and the settlement terms in allocating fees.
Other Points
The appellate court declined Theodore’s request to decide whether 735 ILCS 5/5‑105 limits trial‑court discretion over expenses for self‑represented litigants, calling such a ruling unnecessary.Disposition
Judgment of the Circuit Court of Du Page County affirmed.Ask AI About This Case
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