G.A.L. - when the other party doesn't pay

[mcwjjm]

What is the name of your state (only U.S. law)? Ohio. At our last hearing we both agreed to split the cost of a G.A.L. 50/50. We presented this to the magistrate and she chose a G.A.L. Question, what happens if the other party doesn't pay their half? Do I get stuck with the entire bill, and if neither of us pay the amount in full is the partial amount refunded if no services were rendered? TIA.

 

[mistoffolees]

Is the order for 50:50 actually a court order or simply something that you and stbx agreed to?

 

[mcwjjm]

Is the order for 50:50 actually a court order or simply something that you and stbx agreed to?

Magistrate's Order Appointing G.A.L. with Plaintiff depositing sum of $400.00 and/or Defendant shall deposit the sum of $400.00 into trust of G.A.L.

 

[Isis1]

Magistrate's Order Appointing G.A.L. with Plaintiff depositing sum of $400.00 and/or Defendant shall deposit the sum of $400.00 into trust of G.A.L.

If the GAL refuses to do the work, and you want the GAL to investigate, then I'd recommend you paying the other half and let the judge deal with ordering the reimbursement.

 

[Ohiogal]

Ethically the GAL -- once appointed by the court -- CANNOT refuse to do the work.

I am a GAL in Ohio for domestic cases. I have had people not pay and then the COURT orders them to show cause why they should not be held in contempt. If held in contempt, they are given a few months to purge. If they do not purge they are to report to jail to spend up to 30 days until they pay. If they do not report, a capias is issued.

That has happened in a few counties that I am familiar with. Trust me, you either pay or there are consequences.

 

[mcwjjm]

Ok, I just didn't want to be stuck paying the entire tab. I JUST have a very funny feeling about this, that she's not going to pay up even though they were very much for the idea of the G.A.L. I don't know where she's going to get the $$$ seeing she can't even pay attorney fees.

 

[mistoffolees]

Ok, I just didn't want to be stuck paying the entire tab. I JUST have a very funny feeling about this, that she's not going to pay up even though they were very much for the idea of the G.A.L. I don't know where she's going to get the $$$ seeing she can't even pay attorney fees.

This is a case where you don't need to buy trouble. Your order is very specific - it says that each of you have to deposit $400 into the GAL's trust account. So do it - and don't worry about all the 'what ifs' until they happen.

 

[mcwjjm]

This is a case where you don't need to buy trouble. Your order is very specific - it says that each of you have to deposit $400 into the GAL's trust account. So do it - and don't worry about all the 'what ifs' until they happen.

I intend to do my part but wanted to get some insight into what could happen if the other party did not. I appreciate everyone's input, it was helpful. One follow up question, we're supposed to make deposits by this Friday. Will the G.A.L. contact us, how do we actually make a payment? TIA.

 

[Ohiogal]

I intend to do my part but wanted to get some insight into what could happen if the other party did not. I appreciate everyone's input, it was helpful. One follow up question, we're supposed to make deposits by this Friday. Will the G.A.L. contact us, how do we actually make a payment? TIA.

What county? In some counties, YOU are supposed to send forms the GAL. In others, the GAL contacts you. In some, they send both the GAL and the parties the information and it is up to both or either of you. You pay the clerk of courts quite frankly for the GAL deposit.

 

[mcwjjm]

What county? In some counties, YOU are supposed to send forms the GAL. In others, the GAL contacts you. In some, they send both the GAL and the parties the information and it is up to both or either of you. You pay the clerk of courts quite frankly for the GAL deposit.

Franklin. We were just given the name of our appointed GAL I'll contact the Clerk of Courts on Monday about payment. Thanks.

 

[mcwjjm]

Called Clerk of Courts. They said the GAL [for Franklin] will contact US and we'll need to make a payment in person @ the County Courthouse. This will be problematic with the defendant out of state. This entire scenario is spiriling out of control as the defendant did not P/U our children for her Summer visitation yesterday and told them "maybe you should stay with your father for the Summer".

 

[mistoffolees]

Called Clerk of Courts. They said the GAL [for Franklin] will contact US and we'll need to make a payment in person @ the County Courthouse. This will be problematic with the defendant out of state. This entire scenario is spiriling out of control as the defendant did not P/U our children for her Summer visitation yesterday and told them "maybe you should stay with your father for the Summer".

Do whatever the GAL tells you to do. Even if you have to pay the full amount and sue your ex for 1/2, it's probably worth doing.

If ex left the kids with you, then it significantly strengthens your position when the GAL gets around to doing the evaluation.

 

[Ohiogal]

Do whatever the GAL tells you to do. Even if you have to pay the full amount and sue your ex for 1/2, it's probably worth doing.

At this point, I disagree. OP should pay the amount the court ordered for OP to pay -- which is half or a deposit. I say this because I have had parents pay more than 50% of the GAl deposit and said fee is returned to them even though my bill is more than the 50% of the deposit. OP should pay the AMOUNT court ordered to pay.

If ex left the kids with you, then it significantly strengthens your position when the GAL gets around to doing the evaluation.

Agreed!

 

[mistoffolees]

At this point, I disagree. OP should pay the amount the court ordered for OP to pay -- which is half or a deposit. I say this because I have had parents pay more than 50% of the GAl deposit and said fee is returned to them even though my bill is more than the 50% of the deposit. OP should pay the AMOUNT court ordered to pay.

You're the expert. Obviously, you know the RIGHT way to do it.

My point is that OP is in a situation where he has a very strong case for custody. If the GAL is not as honest as you are or doesn't understand the procedures and asks him to pay the full amount, I would happily pay the extra $500 (even if there was no chance of recovery).

I believe you that technically, he shouldn't have to do that, but if it simplifies the process, it could be $500 well spent.