In re Marriage of Robert N. Tiballi and Sheila J. Ilagan Tiballi

Summary

The Illinois Supreme Court held that fees charged by a professional evaluator appointed under section 604(b) of the Illinois Marriage and Dissolution of Marriage Act are not court costs taxable under sections 2-1009(a) or 5-116 of the Code of Civil Procedure. The court held that section 604(b), which directs allocation based on the parties’ financial abilities and other appropriate criteria, exclusively governs allocation of those fees. The judgments were reversed and the matter was remanded for a hearing on proper fee allocation.

Holdings

1. The dismissal was not properly characterized as a voluntary dismissal under section 2-1009(a) because Robert did not file a motion for voluntary dismissal; it was more appropriately understood as a dismissal for want of prosecution.
2. Fees charged by a professional evaluator appointed under section 604(b) are not court costs recoverable under sections 2-1009(a) or 5-116 of the Code of Civil Procedure.
3. Section 604(b) of the Illinois Marriage and Dissolution of Marriage Act is the specific statute governing allocation or reallocation of professional evaluator fees, and the fees must be allocated based on each party's financial ability and any other criteria the court considers appropriate.

Questions Presented

1. Whether the dismissal of Robert's custody-modification petition was a voluntary dismissal under section 2-1009(a) of the Code of Civil Procedure or a dismissal for want of prosecution.
2. Whether fees charged by a professional custody evaluator appointed under section 604(b) of the Illinois Marriage and Dissolution of Marriage Act are recoverable as court costs under sections 2-1009(a) and 5-116 of the Code of Civil Procedure.
3. Whether allocation of section 604(b) evaluator fees must instead be determined under section 604(b)'s criteria, including the parties' financial ability and other appropriate criteria.

Disposition

reversed_and_remanded