Posted by Nydia Streets of Streets Law in Florida Child Custody
Who pays the guardian ad litem’s fees in a Florida child custody case? A court may apportion responsibility for the guardian’s fees based on the financial standing of each party. Payment of these fees was an issue in the case Levy v. Levy, 3D22-1399 (Fla. 3d DCA January 31, 2024).
In this post-judgment child custody case, a guardian ad litem was appointed by the court. The father was initially ordered to pay the guardian’s fee fully with the court reserving jurisdiction to reapportion fees later. The father later filed a motion to make the mother responsible for the guardian’s fees, arguing in part that it was her behavior that caused most of the guardian’s fees. After a hearing, the trial court required the mother to be equally responsible for past and future fees, citing financial support she received from her brother and boyfriend, her failure to obtain higher-earning employment, and her actions which caused the guardian’s fees. The mother appealed.
The appellate court reversed, holding the trial court did not make appropriate findings to determine that the support received from the mother’s boyfriend and brother constituted income. The court noted “The trial court’s order does not specifically make any findings as to whether these payments to her attorneys were gifts, rather than loans, and if ‘gifts,’ whether these types of substantial ‘gifts’ will continue in the future.” The court held “The trial court did not specifically set forth what part of the Guardian’s work was as a result of the Mother’s actions. The record demonstrates that both the Mother’s and the Father’s actions resulted in the Guardian’s services.” Further “The trial court did not specifically state it was imputing income to the Mother based on her failure to seek out ‘true gainful employment.’ However, assuming the trial court’s statements in its order can be taken as an imputing income to the Mother, the trial court failed to state how much income it was imputing to the Mother.”
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