The parties had one daughter. The divorce decree stated that the parties would share her joint legal custody. The child was to live with Mother.
Father later filed a petition to modify custody. He wanted the child to live with him.
The court appointed a psychologist to do a custody evaluation. The evaluator submitted his report.
Mother filed a motion to dismiss Father’s Petition for Custody. The court granted Mother’s motion. Father was ordered to pay the psychologist’s fees. They were court costs for the evaluation that was no longer needed.
Father appealed because he thought he should not have to pay the psychologist’s fees.
The Appellate Court reversed the trial court on the fees/cost issue. It said that the fees should be divided between the parties. The split should be based upon the financial ability of each party. And based upon any other reason that the court considers relevant. Father should not simply have been ordered to pay the full amount.
In re Marriage of Tiballi, 2014 IL 116319.
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