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Ex-Husband Has Not Paid His Portion of Guardian ad Litem's Fees

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  • 03-08-2013, 12:14 PM
    tracym
    Ex-Husband Has Not Paid His Portion of Guardian ad Litem's Fees
    My question involves a child custody case from the State of: OHIO

    Hi, I have posted in the forum before.

    Just a brief summary of my situation: I filed a petition to modify child support back in September 2012 - my ex turned around and sued me for full custody of our two children, ages 10 and 8.

    Because of some behavioral issues with my ten year old, my attorney thought it would be beneficial to appoint a GAL to our case. We were both ordered by the court to pay $250.00 for initial fees. His lawyer has continued the last three hearings we have had scheduled.

    It was ordered back in December to appoint a GAL to this case. I have paid my fees, he hasn't. My attorney has been out of town and I haven't been able to find out what is going on. It is March 8th, we go to court March 25th and I have never been contacted by anyone. Does the GAL have to receive full payment before he proceeds with anything? Couldn't he go ahead and proceed on my behalf? And what will happen if we go to court on the 25th and the GAL has no findings or report to relay to the court because my ex hasn't done what he was supposed to do? Will something be filed against my ex?

    What is your opinion on what might happen? And how many times can this thing be continued without a good reason?

    Any feedback would be appreciated!
  • 03-09-2013, 11:13 PM
    Mr. Knowitall
    Re: Ex-Husband Has Not Paid His Portion of Guardian ad Litem's Fees
    You can ask the GAL if he will be submitting his report to the court, assuming that's what he was ordered to do, before he is paid the full amount he billed. The GAL doesn't represent you (your lawyer does) and thus would not be going to court on your behalf. If the GAL has not been paid by the time of the court date, and the court's order anticipates or requires payment by that date, I expect him to raise the issue in court.

    Generally speaking, courts don't adjourn cases "without a good reason."
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