Pay the Other’s Fees
(j) After proofs have closed in the final
hearing on all other
issues between the parties (or in conjunction
with the final hearing, if
all parties so stipulate) and before judgment
is entered, a party's
petition for contribution to fees and costs
incurred in the proceeding
shall be heard and decided, in accordance with
the following provisions:
(1) A petition for contribution, if not
filed before the final
hearing on other issues between the parties,
shall be filed no later
than 30 days after the closing of proofs in
the final hearing or
within such other period as the court orders.
(2) Any award of contribution to
one party from the other
party shall be based on the criteria
for division of marital
property under this Section 503 and,
if maintenance has been
awarded, on the criteria for an award of
maintenance under Section
504.
(3) The filing of a petition for
contribution shall not be
deemed to constitute a waiver of the
attorney-client privilege
between the petitioning party and current
or former counsel; and
such a waiver shall not constitute a
prerequisite to a hearing for
contribution. If either party's
presentation on contribution,
however, includes evidence within the scope
of the attorney-client
privilege, the disclosure or disclosures
shall be narrowly construed
and shall not be deemed by the court to
constitute a general waiver
of the privilege as to matters beyond the
scope of the presentation.
(4) No finding on which a
contribution award is based or
denied shall be asserted against counsel
or former counsel for
purposes of any hearing under subsection (c)
or (e) of Section 508.
(5) A contribution award (payable to
either the petitioning
party or the party's counsel, or jointly, as
the court determines)
may be in the form of either a set dollar
amount or a percentage of
fees and costs (or a portion of fees and
costs) to be subsequently
agreed upon by the petitioning party and
counsel or, alternatively,
thereafter determined in a hearing pursuant
to subsection (c) of
Section 508 or previously or thereafter
determined in an independent
proceeding under subsection (e) of Section
508.
(6) The changes to this Section 503
made by this amendatory
Act of 1996 apply to cases pending on or
after June 1, 1997, except
as otherwise provided in Section 508.
(Source: P.A. 91-445, eff. 1-1-00; 92-306, eff.
1-1-02.)
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