Interim Fee Award Order {ATJ 142.3}

ATJ 142.3 - INTERIM FEE AWARD ORDER (DIVORCE). This form is used in Illinois divorce proceedings to request and document a court’s decision on awarding temporary attorney’s fees and litigation costs to one of the parties during a pending case. This form may be used either before a final judgment is entered (pre-judgment) or after (post-judgment). It is completed after a hearing—either evidentiary or non-evidentiary—on a petition filed by either the petitioner or the respondent seeking financial support for legal fees under Illinois law (750 ILCS 5/501(c-1)). The court evaluates whether the party requesting the fees has limited financial resources and whether the opposing party has the ability to pay. If the court finds the request reasonable and necessary to ensure fair participation in the case, it will order a specific amount to be paid. The court also specifies who must pay the award—either one of the parties or, in some cases, their attorney or law firm through a process called disgorgement. The order clarifies that this interim fee award does not determine the final division of financial responsibility, which will be resolved later, and it is presumed that such payments come from the marital estate unless the court states otherwise. If there is any overpayment, the court may order that it be refunded or redirected as appropriate. www.FormsWorkflow.com