Seren

Hey all!

This is sort of an off-topic post, but I know that many of you have experience with custody cases and might have some insight/resources that could be helpful.

I'm going to be as generic as possible to protect this person's identity. So...

I have a friend who is involved in a custody case with his ex. I won't get into the merits of his case, but he is a good guy. The court appointed a GAL for the children (more than one). My friend has limited income, and has only been able to make payments of a few hundred at a time to the GAL.

Now, he is being threatened with contempt of court for being unable to pay a court-appointed person (he did not hire the GAL). Basically, he will be put in jail until he can pay the amount billed by the GAL.

I had never heard of this before, but a quick perusal of the internet shows this to be a growing problem. My friend does not disagree with the idea of a representative who works independently for the best interest of the children, but fears for his freedom and the safety of his children if left with his ex.

Does anyone have any experience with this or know of any resources available to low-income parents? I'm a bit stunned by the whole thing, I must admit

trailmix

Like you, I had never heard of this either.

I don't know who decided this was a good plan, but it's not a good plan. A case where if the parents are not wealthy they can end up in jail for amounts they may not have available to spend and yet were forced in to debt.

MCESaint

I have no idea what State or jurisdiction you're in - and these matters can vary from state to state and court to court. Also, the following does not constitute "legal advice" and no attorney-client relationship is created between us.

All of that being said ....

A request or motion for contempt of court typically includes, as standard boilerplate, a "prayer" (that is, a request) that the person be held in jail until he/she purges himself/herself of the contempt.

It would be the rare case, however, where the person is *actually* jailed.

In these types of cases, generally, the cost of the GAL is split between the parties. It may be split 50/50 or, if one party (at the start) had a lower ability to pay (lower income, etc.) by some other formula (I've seen as much as 75/25).

The GAL often is paid a set amount - e.g., $2000 per case - and if split 50/50, each party must pay (in a lump sum) $1000 each.

As it turns out, many good, god-fearing Americans don't have $1000 laying about.

So, then the GAL isn't paid and a motion for contempt is filed. The goal is to get the GAL paid.

I should also say that the mere filing of such a motion often has the effect of the money suddenly appearing from some source (friends, relatives, etc.). It's a crude tool, but it can get the desired effect (i.e., the money paid to the GAL)

If the person who is sought to be held in contempt can demonstrate that he/she does not and cannot pay the money, it is unlikely that he/she will be thrown into jail.

First, imprisoning someone costs the state/county money. And since this, at its heart, a dispute between private parties (not a criminal matter), there is a much greater reluctance to throw people into jail.

Second, imprisoning someone may directly or indirectly cause them to lose their job -- thereby exacerbating the whole "can't pay" the GAL problem.

So, the "solution" often accepted by the Court is often a "plan" put forth by your friend as to how he/she is going to pay, in installments, the amount owed to the GAL. The "plan" can be adopted by the Court as it's own "order," so that if the plan is not followed, then another round of contempt can be triggered. So, for example, if the *most* he/she can pay is $100 per month, then the failure to pay $100 per month can become its own "contempt" (i.e., violation of the court's order).

That plan *has* to be realistic and should entail a complete disclosure of his/her income and expenses (cut of all frivolities). If the person who can't pay has a lower income than he/she had when the decision as to who should pay the GAL what amount, then there should be a darned good reason why he/she took a job with lesser pay - such as the new job has better health benefits for the children, allows your friend to have more time with the children (a change from night shift to day shift), etc.

Since the "plan" is the party's OWN statement of what he/she can pay, the Court's are less forgiving if, in the future, your friend can't stick to it. Of course, changes in circumstance can occur, but there better be a darned good reason your friend can't pay the amount he/she said he/she could in the "plan."

Now, it is not *impossible* for your friend to be thrown into jail for being in contempt of a court order to pay "x" -- IMHO, experience, it is unusual - especially if it is a "first time" thing and there are good reasons why your friend can't pay the GAL.

But a continued failure to pay the GAL, especially when there are funds to do so and the party fails to follow its own "plan"? Yeah, some jail time can be ordered.

MCESaint

Seren

Thank you, MCESaint! I am very grateful for the information. I know it took some time for you to compose that and post it here, and I appreciate your willingness to spend the time.

I've shared this general information with my friend, and I think it helped relieve his worry a bit. The cap for this GAL is apparently more than $10,000--which seems excessive to me, but I have no experience with anything like this.

Anyway, I just wanted to say thank you...very much!