In re Parentage of F.R., 2023 IL App (1st) 220216-U

1) Case citation and parties
- In re Parentage of F.R., 2023 IL App (1st) 220216-U (1st Dist. Feb. 10, 2023) (Rule 23 order).
- Petitioner-Appellee: Jose Rivera. Respondent-Appellant: Carlene Pelino.

2) Key legal issues
- Whether the trial court abused its discretion in awarding Rivera $40,000 contribution toward attorney fees where: (a) the court did not specify the exact subsection of the Illinois Marriage and Dissolution of Marriage Act (§508) as authority; (b) the court found Pelino had ability to pay despite evidence she relied on family loans; and (c) the court did not expressly make a detailed finding about the reasonableness of the fees.

3) Holding/outcome
- Affirmed. The appellate court held the fee award was proper and within the trial court’s discretion.

4) Significant legal reasoning (concise)
- Statutory authority: Rivera’s petition was filed under the Illinois Parentage Act §809, which expressly directs courts to consider the “relevant factors specified in Section 508” of the Marriage Act. Because the case settled before trial and the petition functioned as a contribution claim, §508(a) (with reference to §503(j) for contribution) was the appropriate framework. The court’s general citation to §508 and discussion of required factors sufficed.
- Financial resources and family loans: The court permissibly considered Pelino’s access to family funds/loans as part of her financial resources. Illinois precedent allows consideration of a party’s ability to obtain familial loans in assessing capacity to contribute.
- Reasonableness of fees: The appellant forfeited a direct challenge to reasonableness by not raising it at trial or in the motion to reconsider. Moreover, the trial court (which had presided over the case) stated the fees were “fair and reasonable,” admitted billing records into evidence, and awarded less than the amount sought—supporting an affirmative reasonableness determination. Trial-court discretion governs fee awards and was not abused.

5) Practice implications for attorneys
- When seeking fees in parentage matters, plead statutory grounds clearly (Parentage Act §809 and tie to Marriage Act §508/§503(j)).
- Preserve objections to fee reasonableness at the hearing and in post-trial motions or risk forfeiture.
- Produce detailed billing records and anticipate the court will consider family loans/financial support when assessing ability to pay.
- Even after settlement, fee petitions can be treated as final contribution claims; trial courts have broad discretion and deference on credibility and reasonableness findings.
- Note: Rule 23 order — nonprecedential except in limited circumstances.