Anderson & Boback Logo

What is a contribution hearing?

Published
Categorized as Divorce Litigation, Property Division

Typically, unless a divorce is agreed to, both parties are going to incur attorney’s fees and court costs throughout the dissolution proceedings. Section 503 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/503) provides that a party may generally file a Petition for Contribution said fees and costs against the other party either before the final hearing or within fourteen (14) days of the closing of proofs in the final hearing. A final hearing is one that resolves all outstanding issues between the parties, besides contribution, unless the parties have agreed to decide the issue of contribution in conjunction with the final hearing. If the parties do not agree to decide the issues of contribution during the final hearing on all other issues, then the issue will be decided before a Judgment for Dissolution of Marriage is entered.

However, many parties agree to waive their right to a contribution hearing altogether. This often happens when the parties enter into a Marital Settlement Agreement (MSA). Many MSAs address attorney’s fees and costs by one of the following ways: (1) the parties agree to pay their own attorney’s fees and costs, (2) a party agrees to contribute a certain dollar amount or percentage towards the other party’s attorney’s fees and costs, or (3) the parties agree to pay all of their attorney’s fees and costs from their marital assets. Maybe they have property they have agreed to sell or maybe they have a financial account they have agreed to divide. When a judge is deciding the issue of contribution they will look at several factors to determine if a party should contribute to the other party’s attorney’s fees and costs and if so, how much should they contribute? It is highly recommended that you speak with an experienced attorney if you are involved in dissolution proceedings and especially prior to signing any sort of settlement.

Was this information helpful?

You May Also Like

This is a review of the Illinois family law case of In re Marriage of Portillo for an order of protection and supervised visitation. The opinion was filed on September 23, 2021. Case Background Julie Portillo filed a petition for…

One of the costliest parts of divorce litigation is discovery. Written Discovery is the request for you to answer questions in detail about your income, assets, standard of living, etc. These request will ask you to produce a detailed list…

The question “How can I modify my child support” is one of the most frequently asked questions in family law. Child support is often a hotly contested issue, as many parents feel like they are paying too much, or their…

The latest child relocation case -  comes out of Lake County, Illinois, and it denied Nuriana Levites the right to relocate her daughter to California.  In re Marriage of Dmitry Levites v. Nuriana Levites It seemed clear from the evidence…

Second Parent Adoptions are typically done when a spouse has a child from a previous relationship and the circumstances allow that child to be adopted by the other spouse.  As an example:  Wife and Husband get married and Wife has…

If you’re convinced that your marriage is irretrievably broken and divorce is coming, there are things you can do now to prepare and protect yourself in the divorce process. Here are 10 steps to take if you believe your spouse…

RECENT POST
Categories
Archives
Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview
    ANDERSON & BOBACK

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870