In Re Marriage of Haken

914 N.E.2d 739, 394 Ill. App. 3d 155, 333 Ill. Dec. 320, 2009 Ill. App. LEXIS 883
CourtAppellate Court of Illinois
DecidedSeptember 8, 2009
Docket4-08-0379
StatusPublished
Cited by18 cases

This text of 914 N.E.2d 739 (In Re Marriage of Haken) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Marriage of Haken, 914 N.E.2d 739, 394 Ill. App. 3d 155, 333 Ill. Dec. 320, 2009 Ill. App. LEXIS 883 (Ill. Ct. App. 2009).

Opinion

JUSTICE KNECHT

delivered the opinion of the court:

In April 2008, the trial court awarded respondent, Leila Haken, a portion of her attorney fees incurred during the course of the parties’ dissolution proceedings. The court’s award was based, in part, on a finding petitioner, Rudolf Haken, acted improperly by needlessly increasing the costs of litigation. Rudolf appeals, arguing the court erred when it considered factors he claims were inapplicable to the court’s determination. We affirm.

I. BACKGROUND

The parties were married on November 11, 1989. They had three children: Oliver, born March 20, 1992; Sofia, born November 7, 1995; and Nicolas, born November 12, 1997. On January 7, 2004, Rudolf filed a petition for dissolution of marriage, seeking custody of the children. On April 5, 2004, Leila defaulted, and the trial court entered a judgment of dissolution. In that judgment, the court awarded Rudolf sole custody of the children and Leila reasonable visitation, reserving the issue of child support.

On May 21, 2004, Leila entered her appearance and filed a motion to vacate the default judgment. The trial court granted Leila’s motion and vacated the judgment. On October 5, 2004, the court awarded Leila temporary custody with visitation to Rudolf.

On September 19, 2005, the trial court, pursuant to section 501(c— 1)(1) of the Illinois Marriage and Dissolution of Marriage Act (Dissolution Act) (750 ILCS 5/501(c — 1)(1) (West 2004) (a temporary award based on ability to pay and need)), ordered Rudolf to pay $7,500 as interim attorney fees to Leila. After unsuccessfully disputing the award, Rudolf paid the interim fees in full on December 5, 2005.

On November 16, 2006, the trial court entered a judgment of dissolution of marriage on grounds only, reserving ancillary issues for later determination. The judgment incorporated the parties’ joint-parenting agreement in which they agreed to joint custody of the children with Leila designated as the primary custodial parent. The court scheduled the final hearing on all remaining issues for April 3, 2007. On that date, Leila filed a petition seeking Rudolf’s final contribution to her attorney fees. The court heard evidence on April 3 and 12, 2007, and took the matter under advisement.

On July 2, 2007, the trial court entered a supplemental judgment of dissolution of marriage, resolving all remaining ancillary issues, except the issue of Rudolfs final contribution to Leila’s attorney fees. In its supplemental judgment, the court ordered Rudolf to pay child support in the amount of $1,257 per month.

On April 1, 2008, the trial court conducted an evidentiary hearing on Leila’s petition for fees. Leila’s attorney, Sarah B. Tinney, testified her final bill for attorney fees was $76,485.11 (not including costs), all of which had been paid by Leila. An unbilled amount of $920.89 in fees remained. Rudolfs counsel stipulated to the reasonableness of the fees. Tinney claimed Rudolf requested, over Leila’s objection, that custody evaluations pursuant to section 604.5 of the Dissolution Act (750 ILCS 5/604.5 (West 2006)) be performed by Dr. Lyle Rossiter, a forensic psychiatrist, and Dr. Ruth Kuncel, a licensed clinical psychologist, both of the Chicago area.

Tinney testified as to the amount of time required to review and respond to these doctors’ involvement in the case. She said they each filed a report, consisting of approximately 50 pages. Over 300 e-mail communications were sent back and forth among the attorneys and the parties related to the activity of these doctors. Because both professionals recommended Rudolf be awarded sole custody of the children, Tinney said she was forced to expend an inordinate amount of time to adequately defend Leila’s custodial position. Tinney testified she attributed $38,000 of her fees to the involvement of Drs. Rossiter and Kuncel.

Leila testified she borrowed money from her mother to pay Tinney’s bill and will repay the loan beginning in January 2009 at the rate of $350 per month. She testified she purchased a home in July 2007 with a monthly mortgage payment of $1,398. Her monthly income consisted of a gross salary of $3,600 ($43,200 annually) as a preschool music teacher and $1,257 child support.

Rudolf testified he earned a gross annual wage of $63,000 as a music professor at the University of Illinois and earned approximately $1,000 per year in “freelance” work in other musical endeavors. On cross-examination, Rudolf corrected his testimony and said he expected to earn approximately $2,000 in “freelance” work this year. He said that since September 2007, he had resided rent-free with his parents.

With regard to the involvement of Drs. Rossiter and Kuncel, Rudolf said he too had to expend large sums of money to pay their fees, as well as his own attorney fees, for the extraordinary amount of time spent on the case. He said Dr. Rossiter directed numerous and lengthy e-mail communications to him as well. He said all communications were circulated among the parties, counsel, and the doctors. He testified one of Dr. Rossiter’s concerns was a perceived lack of disclosure and secrecy on Leila’s part regarding counseling and evaluations of the children. According to Rudolf, due to that perceived secrecy, Dr. Rossiter expended additional hours trying to ascertain the true status of the children’s counseling history.

Rudolf found Dr. Rossiter during an Internet search. He said he contacted several local mental-health professionals, but they each told him they would not perform the type of evaluation he desired. Initially, Dr. Rossiter estimated his fees would total $8,000, later increasing the estimate to $20,000. However, Rudolf ended up paying Dr. Rossiter over $71,000. Rudolf said that, at some point during the process, Dr. Rossiter explained the issues were much deeper than Rudolf initially described. Rudolf testified the doctor told him: “ ‘[Y]ou know, we’re wasting tens of thousands of dollars because [respondent] simply won’t answer questions or she, you know — ’ he expressed that somehow that, you know, it takes someone one minute to tell a lie and it takes him an hour to unravel the lie, so there’s four hundred dollars for every lie. That’s how he expressed it.”

Rudolf’s counsel told the trial court his fees totaled $70,385.36; Dr. Rossiter’s fees totaled $71,730; and Dr. Kuncel’s fees totaled $15,240, all of which had been paid by Rudolf. Rudolf told the court his parents gifted him the money to pay these fees. The court took the matter under advisement.

On April 21, 2008, the trial court issued a detailed memorandum opinion, ordering Rudolf to pay Leila $24,136.20 as final contribution toward her attorney fees within 120 days. The court’s opinion set forth the following findings and analyses.

The trial court cited the factors set forth in section 503(d) of the Dissolution Act (750 ILCS 5/503(d) (West 2008)), and noted that the issue of Rudolfs contribution weighed in Leila’s favor.

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Cite This Page — Counsel Stack

Bluebook (online)
914 N.E.2d 739, 394 Ill. App. 3d 155, 333 Ill. Dec. 320, 2009 Ill. App. LEXIS 883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-haken-illappct-2009.