In re Marriage of Tiballi
6 N.E.3d 172
Ill.2014Background
- Kane County circuit court dissolved Tiballi marriages; Francesca was awarded joint legal custody, Sheila had residential custody.
- Robert petitioned to modify custody; court appointed Dr. Shapiro under section 604(b) of the Marriage Act to evaluate.
- Costs order: Sheila paid Dr. Shapiro’s 604(b) fees; court treated them as court costs to be taxed to Robert.
- Appellate court affirmed; Robert sought review arguing 604(b) fees are not court costs under 2-1009(a).
- Court held 604(b) evaluator fees are not court costs and allocated under 604(b) criteria; remanded for proper allocation.
- Circuit court had ordered equal sharing of the evaluator fees without prejudice to ultimate allocation; remanded for reallocation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are 604(b) evaluator fees court costs under 2-1009(a)? | Tiballi: fees are costs taxed to the losing party. | Ilagan Tiballi: evaluator fees are not court costs; allocation under 604(b) applies. | 604(b) fees are not court costs; allocate under 604(b). |
| How should the dismissal of the petition be characterized for costs purposes? | Robert: dismissal as voluntary; costs follow Rule 2-1009(a). | Sheila: dismissal for want of prosecution; costs follow 5-116. | Characterization is immaterial; costs must be addressed under the applicable statute. |
| What governs the allocation of 604(b) evaluator fees between the parties? | Robert seeks allocation under 604(b) criteria or equal division. | Ilagan Tiballi urges court costs approach or other standard under 604(b). | Allocation must be based solely on the 604(b) criteria. |
Key Cases Cited
- Vicencio v. Lincoln-Way Builders, Inc., 204 Ill. 2d 295 (2003) (defines 'costs' narrowly as court costs under statutes interpreting 5-108/5-116)
- Hudson v. City of Chicago, 228 Ill. 2d 462 (2008) (dismissals and costs distinctions in Illinois law)
- Figgie International, Inc. v. Department of Revenue, 167 Ill. App. 3d 196 (1988) (settlement-based dismissals and finality affecting costs)
- Mizell v. Passo, 147 Ill. 2d 420 (1992) (relaxation of notice and costs payment requirements in voluntary dismissals)
- Valdovinos v. Luna-Manalac Medical Center, Ltd., 328 Ill. App. 3d 255 (2002) (requirements for voluntary dismissal before trial; costs considerations)