An attorney represented the mother in a paternity case. The attorney petitioned the court for attorney fees. He wanted the father to pay some of the mother’s attorney fees. This is called a contribution hearing.
Mother did not come to the hearing. Attorney did not present any specific evidence. The attorney simply showed a bundle of bills that he had prepared for the mother’s case.
So, there was no evidence for the court to look at. The court did not know if the fees were reasonable. Or, if they were necessary,
The court did not make the father pay any of the attorney fees. The attorney appealed.
The appellate court agreed with the trial court. No contribution for mother’s attorney fees from the father. There was no way for the court to know if the fees were reasonable. Or necessary. There was no evidence of mother’s not being able to pay. No evidence at all.
In re Rocca, 2013 IL App (2d) 121147.
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