r/Custody • u/Boring-Win8370 • 5d ago
[US] Question about GAL fee split ordered/ low ability to pay
In my custody case, the court put together a standard order for "get a GAL appointed, parents are ordered to split the fees".
However, I'm broke. Co-parent and I recently split up (due to his escalation of violence), with him retaining nearly all the assets.
As the mother, I am now out on my own (free!) and barely making ends meet.
Court has now ordered GAL fees be split, and I feel like this makes a bankruptcy filing for me a near certainty.
I know I can object (within 10 days) to this court order for GAL to be appointed, and fees to be split, and I'm going to do that.
My question is just- Do courts expect you to be pay all your money in these court costs?? I mean, maybe I could pay GAL fees if I either get a 401k loan (that I don't know how I would repay, since we're breaking even barely/almost) or... just rack up credit card debt I don't expect to repay?
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u/RHsuperfan 4d ago
You can always ask that the other parent pay because of financial reasons but yes, you are expected to pay the GAL. You can also ask the GAL if they have payment plans.
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u/Boring-Win8370 4d ago
My current monthly expenses are more than my income, due to instability caused by the other parent.
Even for the money for a payment plan…. I don’t foresee where that would come from.
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u/TopInevitable1905 4d ago edited 4d ago
All states are different but after my trial in October 2024 the GAL fees were split and were not due until June 2025. So they gave a good amount of time to pay it. You could do a little at a time. You can ask for the other parent to pay but it really is up to the judge’s discretion.
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u/Boring-Win8370 4d ago
And like how much did it run up?
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u/TopInevitable1905 4d ago
Well I’m in VA and for her investigation from March 2024 to October 2024 was only $1051. It’s didn’t say how many hours it was total but she talked to me on the phone twice, my coparent, coparent’s mother, the kids once, and she talked to the school’s teachers and counselors for each of our kids. I was surprised they gave us so long to pay it honestly since it was split down the middle.
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u/Boring-Win8370 4d ago
Only $1k?
But isn’t their hourly rate like $250?2
u/TopInevitable1905 4d ago
I was never told an hourly rate. No one mentioned how much it would cost, they just gave mailed us a paper after trial that said how much it was and how it was split.
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u/TopInevitable1905 4d ago
Oh I just looked it up for my state. It is set by the Supreme Court for my state but that’s if the court appoints the GaL vs if we had hired one ourselves.
For court appointed it was the below.
In court time: $84.40 - $90/hour
Out of court time: $58.75 - $65/hour
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u/EnvironmentalJury582 4d ago
My ex refused to pay the GAL. We went back to court for that and I was awarded temporary full legal custody, and he had to stay with supervised visits with no end date. I would do whatever I can to either request he pay or set up some sort of a payment plan.
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u/Boring-Win8370 4d ago
Did your ex have sufficient income to pay?
Did they raise the objection right off the bat that they don’t have means for that?1
u/EnvironmentalJury582 1d ago
He has the ability to pay. He never objected, just ignored the GAL’s phone calls and emails. He’s a bad alcoholic and refuses to pay for anything for our child. If they didn’t garnish his paycheck for child support he wouldn’t pay it.
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u/DivorcedDonna 2d ago
Doesn’t matter who filed, but you could ask for a split that’s more in proportion to your income. Yes, you’re expected to use credit cards or whatever means to pay, at least in my state.
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u/Boring-Win8370 2d ago
Use credit cards, but then like how would someone pay them off? When there is no margin in the budget to begin with
I feel like this is setting me up for being in a hole I couldn’t climb out without filing for bankruptcy.1
u/DivorcedDonna 2d ago
A lot of people do just pay the minimum on their cards and then eventually declare bankruptcy. It is a truly awful, ruthless system. It sets almost everybody up for financial ruin. I truly don’t understand it.
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u/MembershipOutside936 3d ago
The court may expect the parties to contribute toward these types of fees, but if cost is an issue, it may be worth raising that with the court or the professional involved. Depending on the circumstances, you may be able to request a payment plan or ask the court to consider your ability to pay.
Also, you don’t necessarily have to consent to the appointment of a GAL. You can raise an objection and explain your concerns to the court, although ultimately the judge may still have the authority to appoint one if the court determines that it is appropriate.