Case Law Analysis

In re the Marriage of Rybica (Will County, Case No. 2018 D 143)

October, 2022.

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.  

(630) 416-6600.  Or click here.