Really confusing - pay to be a defendant?
Stoic
Thread Starter
Join Date: Nov 2012
Location: Wash D.C.
Posts: 321
Really confusing - pay to be a defendant?
QUICK background.
At the end of August, I was summoned to court (cross-state, 4 hours travel one way) due to an appeal that my AW filed to change her custody order & protective order, and the case was heard in Circuit Court. The Guardian ad litem (GaL) was present in the courtroom, and the Court dismissed the case due to my AW filing incorrectly...a technicality, more or less.
Present day.
I got a letter in the mail today from the Circuit Court...it was a bill, for a few bucks shy of $450. Turns out the GaL billed the court for her time (as she should, someone's got to pay her)...the State paid her, and then made a judgement against both parties in the case (myself and AW) to split the cost that the State payed the GaL, nearly $900.
I'm a bit in shock at this.
So..I get summoned to court via subpoena as the defendant...get the case heard and it's dismissed, and then get billed for the time that the GaL spent on the case? How does that make any sense? Why wouldn't the full bill be sent to my AW, who initiated the whole thing and "lost" the case?
Anyone deal with this before? Is this the normal procedure?
I wrote an email to the GaL basically asking all the above (in much more politically correct phrasing of course)...though since the court is the one that is doing the billing, I doubt the GaL will be able to affect this at all.
At the end of August, I was summoned to court (cross-state, 4 hours travel one way) due to an appeal that my AW filed to change her custody order & protective order, and the case was heard in Circuit Court. The Guardian ad litem (GaL) was present in the courtroom, and the Court dismissed the case due to my AW filing incorrectly...a technicality, more or less.
Present day.
I got a letter in the mail today from the Circuit Court...it was a bill, for a few bucks shy of $450. Turns out the GaL billed the court for her time (as she should, someone's got to pay her)...the State paid her, and then made a judgement against both parties in the case (myself and AW) to split the cost that the State payed the GaL, nearly $900.
I'm a bit in shock at this.
So..I get summoned to court via subpoena as the defendant...get the case heard and it's dismissed, and then get billed for the time that the GaL spent on the case? How does that make any sense? Why wouldn't the full bill be sent to my AW, who initiated the whole thing and "lost" the case?
Anyone deal with this before? Is this the normal procedure?
I wrote an email to the GaL basically asking all the above (in much more politically correct phrasing of course)...though since the court is the one that is doing the billing, I doubt the GaL will be able to affect this at all.
Member
Join Date: Jul 2014
Location: VA
Posts: 142
I don't know what state you live in, but you might be able to file a motion and request the she be ordered to pay all the GAL fees. I work for Juvenile Court, not Circuit. But that's how it's handled in JDR & in my state. I would think Circuit is the same. It's pretty standard to split the GAL fees, but that can always be changed. Of course that would require you to travel again, or pay an attorney to do it for you. Which might cost you more in the long run.
Good luck!
Good luck!
Member
Join Date: Oct 2006
Location: right here, right now
Posts: 6,516
Yeah, what Dojang said. Worth a try.
It may vary from state to state but I know that I chose to not bring a motion to change custody at one point because where I lived, the law said the judge could order a custody investigation, which we would get to pay for (split 50/50 if I won). If I lost, however, I would be on the hook for the custody investigation ($10K) plus his and my lawyer fees.
So -- it seems to make sense that the person bringing the challenge would be the one paying if they lose or the case gets dismissed, no?
It may vary from state to state but I know that I chose to not bring a motion to change custody at one point because where I lived, the law said the judge could order a custody investigation, which we would get to pay for (split 50/50 if I won). If I lost, however, I would be on the hook for the custody investigation ($10K) plus his and my lawyer fees.
So -- it seems to make sense that the person bringing the challenge would be the one paying if they lose or the case gets dismissed, no?
Stoic
Thread Starter
Join Date: Nov 2012
Location: Wash D.C.
Posts: 321
The GaL got back to me and basically said exactly what Dojang said...standard procedure to split the bill like that, and that I can file a motion to try and have the judge reapportion the costs.
Looking into it, though, the state (VA) would take into consideration who is actually able to pay the costs without much financial burden...and since she's unemployed, I might actually get more of the debt split than I have now, so I'm going to not file a motion.
Thanks very much for your insight Dojang, you were 100% on the dot!
amy, that's possible that the judge might see it so that she'd get the entire burden like how you mentioned...but it would be a gamble. With the trouble it would take (at least two trips across state), I think I'll just take the easiest route and suck it up.
Looking into it, though, the state (VA) would take into consideration who is actually able to pay the costs without much financial burden...and since she's unemployed, I might actually get more of the debt split than I have now, so I'm going to not file a motion.
Thanks very much for your insight Dojang, you were 100% on the dot!
amy, that's possible that the judge might see it so that she'd get the entire burden like how you mentioned...but it would be a gamble. With the trouble it would take (at least two trips across state), I think I'll just take the easiest route and suck it up.
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