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Attorney’s Fees

Section 508 of the Illinois Marriage and Dissolution of Marriage Act allows one party to recover attorney’s fees from the other party if he or she is found to have willfully violated a Court’s order. If the party is representing himself or herself during the proceedings, fairness would seem to dictate that the person acting as his or her own attorney would be allowed to recover lost wages for time spent in Court and preparing for Court.

Recently, a DuPage County Judge specifically found this to be the case and awarded the wife a monetary award due to her lost wages and time preparing for Court. The Court made this ruling based primarily on the rules of fairness, but failed to cite any legal authority for such an award. The Appellate Court reversed and found there to be no legal basis for such a monetary award.

So, if you try to save money and represent yourself in a proceeding, you should be aware that any wages that you lose due to time off from work will not be recoverable once the case is resolved. If you have any questions, please call the attorneys at Badesch Abramovitch at (312) 548-8886.