Where the custodial modification appeared to have been sought primarily for the convenience of the parties rather than as a means of properly presenting the needs of the children to the court, the court did not abuse its discretion in denying plaintiff’s petition for attorney’s fees.  Roth v. Roth

___In General
 Attorney fees may be awarded by the trial court in post-decree proceedings to modify the provisions of a decree.  Horwitz v. Horwitz

___Allocation
 Where husband had additional income each year, in excess of his own living expenses and the maintenance payment he must make, trial court’s order of husband’s financial responsibility for wife’s attorney fees was not an abuse of discretion as her ability to pay was limited.  In re Murphy

___Factors
 Attorney fees can be awarded to a divorced wife in subsequent proceedings to modify the decree under proper circumstances; the allowance of the aforesaid attorney fees depends not upon who initiates the proceeding but rather upon the circumstances peculiar to the individual case.  Mabbatt v. Mabbatt

___Malpractice
 Because subsection (b) of this section, before 1982 amendments, permitted parties to agree to maintenance that would be payable following the remarriage of the recipient, a settlement agreement that included a provision that maintenance payments were not modifiable did not warrant imposition of liability on an attorney based on a breach of the standard of care owed to his client.  Boyer v. Rudman

___Modification
 Where a petition for attorney fees was not filed until after 30 days had elapsed from entry of a marital dissolution judgment, the provision of the judgment relating to attorney fees had become final and could be modified only in accordance with the provisions of (a) of this section, which in turn required the filing of a petition under former section 72 of the Civil Practice Act (now 735 ILCS 5/2-1401) showing not only a meritorious cause of action but also the exercise of due diligence by the moving party.  In re Rifkin

For More Information:  Divorce Lawyers New York