In re Marriage of Susan H.-V, 2024 IL App (3d) 240519-U
GAL Fees Awarded Despite Procedural Compliance Failures
Trial courts may award GAL fees despite procedural failures when work benefits the child. Courts retain broad discretion under 750 ILCS 5/506 to determine reasonable compensation and can allocate unpaid fees to the requesting party. GALs risk fee reduction for non-compliance.
Facts
Mother Susan H.-V. and father Bryan V. divorced in DuPage County with a GAL appointed for their child. The GAL failed to file required 90-day invoices and court-ordered written reports, seeking $24,505 in unpaid fees. The trial court reduced fees for certain periods but ordered Susan to pay the remaining balance.
Issue
Whether trial courts may award GAL fees when the guardian fails to comply with statutory reporting requirements and file timely invoices.
Holding
The appellate court affirmed the trial court's discretionary award of reduced GAL fees. Despite the GAL's procedural failures, courts retain broad discretion to compensate reasonable and necessary work that benefits the child or court proceedings.
Key Reasoning
- 750 ILCS 5/506 grants trial courts broad discretion to award 'reasonable and necessary' GAL fees
- Courts may reduce fees for periods when work did not benefit the child or court due to non-compliance
- GAL's failure to file timely invoices and reports jeopardizes but does not automatically bar compensation
- Allocation to requesting party supported when that parent consulted GAL most frequently
Practical Impact
For Petitioners
Parties requesting GALs may bear full financial responsibility for unpaid fees, even when GAL fails to comply with statutory requirements
For Respondents
Can challenge GAL fee awards by documenting procedural failures and arguing work did not benefit the child or proceedings
When This Applies
Applies when GAL performs some beneficial work despite compliance failures; distinguishable when GAL provides no useful services
Statutes Cited
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