Who Pays for a Guardian ad Litem in Family Law Cases?

One of the most common questions we get asked is, “Who pays for the Guardian ad Litem (GAL) in a family law case?” Many people assume that GALs are paid by the state, similar to court-appointed attorneys in criminal cases. However, in private family law matters, that is not the case. When a Guardian ad Litem is appointed in a divorce, paternity, or other custody-related dispute, the fees are typically the responsibility of the parents.

How Are Guardian ad Litem Fees Paid?

When a GAL is appointed in a case, the court usually determines how their fees will be divided. There are several common ways this can happen:

1. One Parent Pays 100%

• In some cases, one parent may be ordered to pay the full cost of the GAL. This can happen for a variety of reasons, including if one parent has significantly more financial resources or if the court finds that one party's actions made the GAL's involvement necessary.

2. Parents Split the Fees Equally

• Often, courts will order that both parents share the cost of the Guardian ad Litem equally. This is common when both parties have similar financial means, and the GAL is seen as a neutral advocate for the child's best interests.

3. Fees Are Paid Pro Rata Based on Income

• When there is a large difference in income between the parents, the court may order a pro rata payment structure. This means that each parent pays a portion of the GAL's fees based on their respective percentage of the total combined income. For example, if one parent earns 70% of the total household income and the other earns 30%, the fees may be divided accordingly.

Costs Associated with a Guardian ad Litem

The cost of a Guardian ad Litem can vary depending on several factors, including:

• The complexity of the case

• The number of children involved

• The amount of time the GAL spends investigating

• Whether travel is required for interviews or court appearances

For example, in cases where extensive work is needed—such as reviewing documents, conducting multiple interviews, attending court hearings, and preparing reports—the fees can add up. However, the involvement of a Guardian ad Litem can be invaluable in ensuring that a child's best interests are properly represented in court.

Can One Parent Be Ordered to Pay the Other's Share of the GAL Fees?

Yes, in some cases, the court may order one parent to cover the other parent's share of the GAL fees. This often happens when there is a significant financial disparity between the parents, or if one party has engaged in misconduct that led to the GAL's appointment.

Additionally, if a parent refuses to pay their court-ordered share of the fees, the other parent can ask the court to enforce the payment.

Why a Guardian ad Litem Can Be Worth the Cost

While hiring a Guardian ad Litem does involve additional costs, their role is critical in highly contested family law cases. A GAL provides the court with an objective perspective on what is best for the child, based on thorough investigations, interviews, and observations. In many cases, having a GAL involved can help expedite a resolution by providing clear recommendations to the court, potentially saving time and legal fees in the long run.

Final Thoughts

A Guardian ad Litem in private family law cases is not funded by the state. Instead, the parents are responsible for covering the fees, whether that means one parent pays in full, both share the costs equally, or they pay based on income percentages. If you are involved in a case where a GAL has been appointed, understanding the financial responsibilities can help you plan accordingly.

If you have questions about Guardian ad Litem fees or how they apply to your case, Family Matters Law Group, P.A. is here to help. Contact us today to learn more about your options.