Parties are divorced in Nevada. The Marital Settlement Agreement (MSA) stated that the winning party got their attorney fees paid by the other party.  This was in case of any later court activity. Parties often want this provision included. They hope that it will stop the fighting in court.

The parties and their minor children then relocated to Illinois.  The Nevada judgment was registered in Illinois.

Each of the parties filed a petition against the other party. One was for modification of child support. Another had to do with visitation. Another had to do with an Order of Protection.

Each of the court filings had to do with the children. The parties each wanted the other party to pay their attorney fees.  The parties argued that this provision was clearly in their divorce decree.

It is a matter of Illinois public policy.  The MSA was saying in advance who was to pay attorney fees.  But, you can’t do this when it comes to matters related to the best interests of the children. You can do this in other matters related to the divorce.

In re Marriage of Linta, 2014 IL App (2d) 130862.

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