In re Marriage of Tiballi, 991 N.E.2d 495

Dissolution of marriage in Kane County (2005) preceded a later child custody dispute.
Robert Tiballi filed a petition to modify Francesca’s custody in 2010; psychologist Dr. Shapiro was appointed under 750 ILCS 5/604(b).
The trial court ordered the costs of Shapiro’s services shared between the parties; Sheila Tiballi paid $4,975 and sought reimbursement.
Robert’s petition was dismissed without prejudice; the trial court later awarded Sheila costs against Robert for Shapiro’s fees.
The central issue is whether 604(b) fees can be taxed as costs under 735 ILCS 5/2-1009(a) upon a voluntary dismissal; the majority held they can, the dissent disputed this.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether 604(b) psychologist fees are taxable costs under 2-1009(a).	Tiballi argues 604(b) fees are not court costs.	Tiballi asserts 604(b) fees are court costs under 2-1009(a).	Yes; 604(b) fees are taxable as costs.
Do Vicencio/Galowich guide treat 604(b) fees as costs?	Majors rely on Vicencio to treat such fees as costs.	Plaintiff argues Galowich/Vicencio support non-cost treatment.	Majority aligned with Vicencio's court-cost framing; Galowich not controlling.
Was the dismissal properly characterized as a voluntary dismissal under 2-1009(a)?	Record supports a voluntary dismissal.	Dismissal occurred by court order on Sheila’s motion; substance unclear.	Court affirmed judgment; dismissal characterized as falls within 2-1009(a) according to majority.

Vicencio v. Lincoln-Way Builders, Inc., 204 Ill. 2d 295 (2003) (distinguishes court costs from litigation costs; physician’s fees are litigation costs)
Galowich v. Beech Aircraft Corp., 92 Ill. 2d 157 (1982) (deposition costs recoverable only if necessarily used at trial; pre-trial depositions not necessarily used)
In re Petersen, 319 Ill. App. 3d 325 (2001) (custody matters; inherent power to allocate fees for child-related services)