In re Marriage of Kessler

In In re Marriage of Kessler, 110 Ill. App. 3d 61, 74-75, 441 N.E.2d 1221, 65 Ill. Dec. 707 (1982), the parties had a marital settlement agreement that provided that "'each party will pay his or her attorney's fees and court costs incurred either in connection with this Agreement or in connection with any proceedings involving this Agreement.'" Kessler, 110 Ill. App. 3d at 74. Postdissolution, a dispute arose about, among other things, the proper level of child support. The Kessler court held: "The terms of the agreement with respect to attorney fees are clear and unequivocal, and it was freely and knowingly entered into by both parties and approved by the court. Furthermore, petitioner has not demonstrated a financial inability to pay her portion of the fees as originally agreed. Under these circumstances, we find that a binding interparty contract resulted which is not repugnant to another rule of law nor is it against public policy." Kessler, 110 Ill. App. 3d at 75.