In re Marriage of Earlywine
2012 IL App (2d) 110730
Ill. App. Ct.2012Background
- Petitioner filed for dissolution; respondent contested.
- Haime sought interim attorney fees; trial court ordered James to disgorge $4,000 from petitioner’s advance payment retainer to Haime.
- James argued the advance payment retainer belonged to him and not subject to turnover.
- Court held that retainer funds may be turned over under 501(c-1)(3) to achieve substantial parity between the parties.
- Contempt sanction was vacated; turnover affirmed to Haime; decision aimed at leveling the playing field in dissolution actions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether advance payment retainers are subject to disgorgement under 501(c-1)(3). | Haime | James | Yes; advance payment retainer subject to turnover. |
Key Cases Cited
- Dowling v. Chicago Options Assocs., Inc., 226 Ill. 2d 277 (Illinois, 2007) (recognizes advance payment retainers and limits their use; guides turnover)
- Landis v. Marc Realty, L.L.C., 235 Ill. 2d 1 (Illinois, 2009) (gives retainer expansive interpretation and statutory reach)
- In re Marriage of Rosenbaum-Golden, 381 Ill. App. 3d 65 (Illinois App. 2008) (discusses level playing field policy in interim fees)
- Harvel v. City of Johnston City, 146 Ill. 2d 277 (Illinois, 1992) (favors interpreting statute to carry out its purpose)
- Dufour v. Mobile Oil Corp., 301 Ill. App. 3d 156 (Illinois App. 1998) (contempt-related turnover context)