Case Law Analysis
In re the Marriage of Rybica (Will County, Case No. 2018 D 143)
Allocation of GAL fees. Court found that because the mother did not show her inability to pay GAL fees, she was responsible for 50% of the fees despite the Father earning a considerable amount more than her.
My take aways from this case:
(1) 50% allocation no matter what. She was earning $77K per year, the father was earning $350K per year. This case cited to Kramer case (1999) which is similar result with even greater disparity of income.
(2) Parent must show complete inability to pay to avoid a 50% allocation. Mother argued that the fees should be allocated by ratio of income. Trial court disagreed with her, Appellate court disagreed with her.
(3) Before moving forward with a custody case, relocation case, or GAL, there are many considerations to think about from having reviewed this case, because the GAL fees were a whopping $30,000.00.
Contact Paul Nordini to avoid what happened in this case.
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