One of the biggest concerns people have when entering a family law matter, such as a divorce or parenting matter, is the cost. Attorney’s fees are often an unavoidable part of protecting your rights and navigating the process due to the complexity of the situation. In Illinois, the law provides a way to address the financial considerations that may occur when one party has greater access to funds than the other. This is where interim attorney’s fees come into play.
What Are Interim Attorney’s Fees?
Interim attorney’s fees are payments that the court can order one party to make to the other party during the course of a pending case. The purpose of these fees is to ensure that both parties have the ability to participate in the proceedings, regardless of the differences in their financial situations.
The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/501) permits the court to balance financial resources between spouses during a pending case. If one spouse has more of the assets or a higher income, the idea is that the other spouse should not be left without legal representation simply because of a lack of funds.
When Can Interim Fees Be Requested?
A request for interim fees can be made at any point while the case is pending. Common situations include:
- One spouse controls the marital bank accounts and the other cannot afford to pay an attorney
- A party has significantly higher income and the other is struggling to cover legal expenses
- One party is attempting to use financial advantage as leverage in the proceedings
Despite what many may feel, the goal of the court is to ensure fairness. Interim fees were created to ensure balance, not to give one party an advantage over the other. The purpose is to ensure that both individuals have the ability to secure legal representation and the opportunity to present their case.
How Does the Court Decide Interim Fees?
The judge will review each party’s financial circumstances, including income, expenses, and other assets. Supporting documentation, such as financial affidavits and income statements, is critical. The court may also consider whether either party has previously contributed to the other’s attorney’s fees during the case.
If awarded, interim fees are usually paid directly to the attorney rather than the opposing party. This ensures that the funds are applied to the legal representation as intended.
Considerations About Interim Fees
While interim fees were designed to bring fairness, during a case, it is important to understand their role. When the court orders interim attorney’s fees, the award is considered an advance distribution from the recipient’s portion of the marital estate. In other words, the money is not a gift, and it will be accounted for when the marital assets are divided.
This distinction is important to be aware of. The order to pay interim fees is binding, and the funds must be provided as directed by the court. However, the payment will be offset against the recipient’s share of the marital property later in the case. Anyone who is awarded interim fees should consider them as part of their marital distribution rather than extra financial support.
Why Interim Fees Matter
Family law matters are rarely simple, since they can affect parenting, major life decisions, money, and property. Without the ability to retain legal counsel, one party may feel pressure to agree to terms that are not in their best interest simply to avoid stress and to move the process along.
Interim fees are in place to help ensure equality in the legal process. They provide both parties with the opportunity to have representation in court and to receive guidance on making informed decisions based on a full and fair presentation of the facts.
How Sterk Family Law Group Can Help
At Sterk Family Law Group, we understand the financial challenges that can arise during a divorce or family law matter. Our attorneys and legal team are skilled at guiding clients through the process of seeking interim attorney’s fees when appropriate, and we are prepared to respond when the issue is raised by the opposing party.
If you are facing a family law matter, reach out to the team at Sterk Family Law Group, P.C.. We will walk you through your options and ensure that your rights are protected throughout your case.
Contact us today at 815-600-8950 or schedule a free, no-obligation consultation.