What is leveling the playing field in Illinois?
Leveling the playing field is an effort to allocate the cost of attorney’s fees among the parties. For example, in the case of a husband who is the breadwinner, and the wife as a homemaker who has no income, there is a great disparity in the income of the parties. The Legislature thought that the husband in this particular case, had an unfair advantage over the wife in terms of receiving counsel. What the legislature did, is provide a means for the wife to petition the court, to have her attorneys fees or a portion of her attorneys fees paid by her spouse. The significant factor here is the incredible difference in income between the parties. Prior to the leveling the playing field law, the wife in this particular case would be at an extreme disadvantage in terms of hiring and keeping counsel on her case. In determining what is fair, the court will look at the entire financial package of the parties when determining whether they should make an order for one spouse to contribute or pay all the attorneys fees of the other spouse.
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