If somebody has to seek enforcement of a court order, can they get their spouse to pay their attorney’s fees?

It’s not absolute, but there is a provision within our statute that does allow it. If a court finds that someone’s violation of a court order is without good cause or justification, then yes, a court will award attorney’s fees for the time, attorney fees expended for us seeking enforcement. If it’s for discovery, for instance, getting reimbursed for those attorney fees should be automatic because in our statutes, discovery violations are presumed to be without cause or without justification. The court should be awarding fees for misuse of litigation or having someone have to seek enforcement of a court order.

Candace Meyers is a family lawyer at Boyle Feinberg, P.C. in Illinois. To learn more about the firm, visit www.bffamlaw.com. Visit their firm profile here.