How are GAL Fees Paid in a Divorce or Custody Case?

If you are going through a divorce or a custody dispute, the Court may appoint a Guardian Ad Litem ("GAL") to conduct an investigation and make a recommendation as to the child's best interest.  In the Domestic Relations Court and private custody cases in Juvenile Court, the GAL is a private attorney paid for his or her services.  Juvenile Court matters that involve Child Protective Services are treated differently and may involve a non-attorney GAL. For attorney GALs, the Court will issue an order determining how, when, and what amount the GAL is paid.  The actual cost will vary based on several factors, such as who requests the GAL, whether the parties choose a GAL by agreement or random assignment, and the parties' respective incomes.  This article will explain what you can expect if you have an attorney Guardian Ad Litem in Hamilton County, Ohio.

In Hamilton County Domestic Relations Court, parents have the option of utilizing the Court's social workers to conduct a Parenting Investigation at a flat fee or requesting the appointment of a GAL.  A Full Parenting Investigation is a flat fee of $800.00.  When allocating the cost of the GAL, the Hamilton County Domestic Relations Court may consider whether both parties wanted a GAL rather than a Parenting Investigation by the Court's social workers at a flat rate. Other local courts do not have social workers on staff to conduct custody evaluations, and therefore the options are limited to a court-appointed GAL or a private custody evaluation.

When a GAL is first appointed, the Court will issue an Order assigning a specific GAL, ordering the payment of an initial deposit, and setting the GAL's hourly rate.  In Hamilton County Domestic Relations Court, the standard initial deposit is $1,750.00.  In Hamilton County Juvenile Court, the standard initial deposit is $1,000.00.  The Court can order a different amount as an initial deposit amount, but generally, the Magistrates in both Courts will use the standard amounts.  The initial deposit is paid to the Clerk of Court.

The initial order appointing the GAL will also allocate the deposit payment between the parties.  The Ohio Rules of Superintendence, which govern GALs, requires the Court to consider certain factors in determining the ability of a party to pay the GAL deposit and fees.  This includes the financial circumstances of the parties, the complexity of the issues, and the anticipated expenses related to the GAL investigation.

In practice, the Hamilton County Domestic Relations Court magistrates will also consider which party requested a GAL and if the other party agrees.  If only one party wants a GAL and the other party wants a Parenting Investigation, the Court may order that the parent requesting the GAL pay 100% of the initial deposit or a larger portion of the initial deposit, since the Parenting Investigation is available in Hamilton County Domestic Relations Court for a flat fee that is lower than the standard GAL deposit.  In Hamilton County Juvenile Court, the Magistrate may order the parties to submit income affidavits and proof of income to determine the parties' ability to pay. The Magistrate may require the parties to divide the initial deposit proportionate to their incomes.  Regardless of how the initial deposit is allocated, the Court may reserve the final allocation of all GAL costs, including the initial deposit and additional fees, upon motion of either party or at the conclusion of the case.

The GAL will bill his or her time at her hourly rate. The GAL is required to keep records of the time spent on the investigation.  If the parties agree to use a specific GAL, that GAL will oftentimes require his or her specific hourly rate.  This is usually higher than the standard GAL rate set by the Court.  If the parties do not agree to use a specific GAL, the GAL will be appointed by the Court by random assignment from the Court's list of eligible GALs.  In Hamilton County Domestic Relations Court, the standard GAL hourly rate is $200/hour.  In Hamilton County Juvenile Court, the standard GAL hourly rate is $125/hour.  A GAL may be appointed on a pro bono (free) basis; however, this is very rare.

Throughout the case, the GAL is required to submit requests to the Court for payment of the GAL fees. The fees are first paid from the initial deposit. When the deposit is exhausted, the GAL can request that the Court order the payment of an additional deposit or to pay outstanding GAL fees. Sometimes, the GAL will arrange payment with the parties, where the parties will pay their respective shares directly to the GAL during the pendency of the case.

All GAL fees must be approved by the Court. The Court will review the GAL's time spent on the case and bills for reasonableness. In general, the Court will approve the GAL's bills unless a party raises an issue with the fees charged. However, in practice, the Court will give deference to the GAL's billing unless it is patently unreasonable.  At the conclusion of the case, the Court will issue a final order for payment of GAL fees. If any deposit remains, it will be refunded.

If a party fails to pay the court-ordered GAL deposit or subsequent fees and expenses, that party could be subject to sanctions by the Court. These sanctions include a finding of contempt of court, limitation of evidence, and dismissal of claims for relief.  However, the Court of Appeals has determined that a party cannot face incarceration as a contempt sanction for not paying GAL fees, since the GAL fees are a civil obligation akin to court costs.

Engaging a GAL in your custody litigation is an important decision that can have a significant financial impact on you and your family. It is important to discuss the benefits and risks of requesting a GAL with a family law attorney who has experience in this issue and can guide you in making the right choice for your family.  Our team of attorneys has experience with assessing the strategic and financial impact of a GAL appointment in your litigated case.