Posted by Nydia Streets of Streets Law in Florida Child Custody
When a guardian ad litem is appointed in a Florida family law case, how does the court decide who pays for the guardian’s services? This was an issue in the case MacDonald v. MacDonald, 4D2025-3043 (Fla. 4th DCA April 29, 2026).
After the parties were divorced, the court entered an order which suspended the former husband’s time-sharing with the parties’ children. The former wife then filed a petition for relocation. The court granted temporary relocation, conditioning it upon “strict compliance with therapy, financial obligations, and monitoring by a Guardian ad Litem.” A guardian ad litem was appointed at the former wife’s sole expense, with the amount to be apportioned later. The court did not make findings as to the former wife’s ability to pay. The former wife appealed this issue along with the trial court’s order that she argued reinstated the former husband’s time-sharing without him requesting the same.
The appellate court affirmed as to the time-sharing issue, holding “We affirm the former wife’s first argument on appeal because the trial court did not reinstate the former husband’s communication and timesharing but rather ordered that the former husband resume reunification therapy as the court determined it was in the best interests of the children.”
Turning to the guardian ad litem cost, the appellate court reversed, holding “Here, the trial court appointed a GAL at the former wife’s sole expense ‘with reservation to reallocate at a later time if the evidence so supports.’ Yet, the order failed to contain express findings as to the former wife’s ability to pay. This was a fatal flaw. We are aware that trial courts may need to appoint guardians on an emergency basis preventing them from making an “ability to pay” determination at the same time. We see no problem with a trial court either basing an “ability to pay” finding on the existing, current record and expressing that it has done so or deferring the allocation of financial responsibility for a reasonable time to make the required “ability to pay” determination. Either way, the record must reflect the requisite finding or the deferment of that finding for a reasonable time. This record fails to do either. We therefore reverse and remand to the trial court for a determination of the former wife’s ability to pay.”
This article is not legal advice. Schedule your consultation with a Miami family law attorney to determine the next best steps in your case.