Since June 1, 1997 detailed legislation has been in force controlling attorney’s fees in divorce and matrimonial law matters (cases under the Illinois Marriage and Dissolution of Marriage Act – “IMDMA”). While there was the promise to quickly amend this legislation to address some of the significant concerns, until 2009 there were no significant amendments. Effective January 1, 2016, we have a new amendments to the fee legislation. The 2016 amendments continue to provide some tweaks to the law regarding attorney’s fees in divorce cases. Note that separately I have an outline that addressing issues unique to parentage in Illinois family law cases.
This article was recently cited by the appellate court IMRO Anderson, 2015 IL App (3d) 140257. And it includes the 2017 IRMO Heroy II decision of the Illinois Supreme Court decision attempting to balance the so called ability-to-pay standard against the actual statutory language.