ILCS » Chapter 750 · Act 46
Illinois Compiled Statutes

750 ILCS 46/809 (2026)

Right to counsel

✓ current as of May 2026
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(750 ILCS 46/809)
    Sec. 809. Right to counsel.
    (a) Any party may be represented by counsel at all proceedings under this Act. Except as otherwise provided in this Act, the court may order, in accordance with the relevant factors specified in Section 508 of the Illinois Marriage and Dissolution of Marriage Act, reasonable fees of counsel, experts, and other costs of the action, pre-trial proceedings, post-judgment proceedings to enforce or modify the judgment, and the appeal or the defense of an appeal of the judgment to be paid by the parties. The court may not order payment by the Department of Healthcare and Family Services in cases in which the Department is providing child support enforcement services under Article X of the Illinois Public Aid Code.
    (b) In any proceedings involving the support, allocation of parental responsibilities, parenting time, education, parentage, property interest, relocation, or general welfare of a minor or dependent child, the court may, on its own motion or that of any party, appoint an attorney to serve in one of the capacities specified in Section 506 of the Illinois Marriage and Dissolution of Marriage Act.
(Source: P.A. 99-85, eff. 1-1-16; 99-769, eff. 1-1-17.)

    
Notes of Decisions
Cited in 7 cases (4 in the last 5 years), 2017–2025 · leading case: Vance v. Joyner.
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Vance v. Joyner (Ill. App. Ct. 2020). “See 750 ILCS 46/501(b) (West 2018) (stating a court may award interim attorney fees and costs when it issues a temporary order); 750 ILCS 46/809(a) (West 2018) (broadly allowing courts to order reasonable attorney fees for any proceeding associated with the Illinois Parentage…”
In re Parentage of J.W. (Ill. App. Ct. 2017). · cites it 2× “) 750 ILCS 46/809(a) (West Supp. 2015). ¶ 26 Thus, both section 17 of the Parentage Act of 1984 (750 ILCS 45/17 (West 2014)) and section 809(a) of the Parentage Act of 2015 (750 ILCS 46/809(a) (West Supp.”
In re Parentage of A.H., A.H., & A.H. (Ill. App. Ct. 2023). “See 750 ILCS 5/508(a) (West 2020); 750 ILCS 46/809 (West 2020). An award of attorney fees and costs in a parentage case is reviewed for an abuse of discretion.”
In re Parentage of J.W. (Ill. App. Ct. 2017). “-5- ¶ 26 Thus, both section 17 of the Parentage Act of 1984 (750 ILCS 45/17 (West 2014)) and section 809(a) of the Parentage Act of 2015 (750 ILCS 46/809(a) (West Supp. 2015)) provide that, in a parentage action, the court may order reasonable fees of counsel and costs to be…”
In re Parentage of A.H. (Ill. App. Ct. 2023). “See 750 ILCS 5/508(a) (West 2020); 750 ILCS 46/809 (West 2020). An award of attorney fees and costs in a parentage case is reviewed for an abuse of discretion.”
In re Parentage of Z.B.M. (Ill. App. Ct. 2025). · cites it 2× “” 750 ILCS 46/809(a) (West 2022). Section 508(a), in turn, provides that “[a]t the conclusion of any pre-judgment dissolution proceeding under this subsection, contribution to attorney’s fees and costs may be awarded from the opposing party in accordance with subsection (j) of…”
Thomas v. Kinsella (Ill. App. Ct. 2025). “Inability-to-Pay Standard ¶ 22 Section 809 of the Illinois Parentage Act of 2015 (750 ILCS 46/809(a) (West 2024)) allows a trial court to order that “reasonable fees of counsel” be paid by the parties in accordance with section 508 of the Act (750 ILCS 5/508 (West 2024)).”
— 750 ILCS 46/809(a) — 5 cases
Vance v. Joyner (Ill. App. Ct. 2020). “See 750 ILCS 46/501(b) (West 2018) (stating a court may award interim attorney fees and costs when it issues a temporary order); 750 ILCS 46/809(a) (West 2018) (broadly allowing courts to order reasonable attorney fees for any proceeding associated with the Illinois Parentage…”
In re Parentage of J.W. (Ill. App. Ct. 2017). “) 750 ILCS 46/809(a) (West Supp. 2015). ¶ 26 Thus, both section 17 of the Parentage Act of 1984 (750 ILCS 45/17 (West 2014)) and section 809(a) of the Parentage Act of 2015 (750 ILCS 46/809(a) (West Supp.”
In re Parentage of J.W. (Ill. App. Ct. 2017). “-5- ¶ 26 Thus, both section 17 of the Parentage Act of 1984 (750 ILCS 45/17 (West 2014)) and section 809(a) of the Parentage Act of 2015 (750 ILCS 46/809(a) (West Supp. 2015)) provide that, in a parentage action, the court may order reasonable fees of counsel and costs to be…”
In re Parentage of Z.B.M. (Ill. App. Ct. 2025). “” 750 ILCS 46/809(a) (West 2022). Section 508(a), in turn, provides that “[a]t the conclusion of any pre-judgment dissolution proceeding under this subsection, contribution to attorney’s fees and costs may be awarded from the opposing party in accordance with subsection (j) of…”
Thomas v. Kinsella (Ill. App. Ct. 2025). “Inability-to-Pay Standard ¶ 22 Section 809 of the Illinois Parentage Act of 2015 (750 ILCS 46/809(a) (West 2024)) allows a trial court to order that “reasonable fees of counsel” be paid by the parties in accordance with section 508 of the Act (750 ILCS 5/508 (West 2024)).”
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