Reallocation of Guardian ad Litem Fees
A court typically appoints a Guardian ad Litem (“GAL”), a third-party attorney trained in child-related matters, to investigate and make recommendations as it pertains to the best interests of a child during a legal dispute. A court may appoint a GAL for situations such as parenting time and decision-making disputes, allegations of abuse, concerns regarding the other parent's mental health, or alleged substance use, just to name a few areas of concern. However, unless appointed on a pro bono basis, this is not a free service, and the court must address the allocation of payment for the GAL's fees.
Illinois law specifies how the parties involved pay GAL fees under 750 ILCS 5/506(b), which states, "[t]he court shall enter an order as appropriate for costs, fees, and disbursements, including a retainer, when the attorney, guardian ad litem, or child's representative is appointed." GAL fees cover the GAL's time to investigate, which includes meeting with the parents, children, collaterals, analyzing the issues, drafting a report, court appearances, and more.
GAL fees may initially be split evenly between both parties or in another percentage based on available income and assets. Another consideration is whether there is a fee waiver, in which case the other parent may be entirely responsible for the GAL fees if one parent has extremely limited income. The court will consider each parent's income, needs, and earning capacity when determining how to allocate the GAL fees.
The initial allocation is subject to reallocation. This may be due to financial considerations or behavior during the case. The court has the discretion to reallocate the fees based on the individual parties' situation. When reallocating fees, the court can consider the financial disparity among the parents, the necessitating party, and any misconduct and uncooperativeness that may have contributed to the fees or created difficulty for the GAL's investigation. When submitting a motion to reallocate GAL fees, you may request that the other parent pay for all, the majority, or for the court to split the fees evenly, depending on your situation. Case law has further assisted in determining that the party necessitating or precipitating the GAL's appointment should bear the greater part, if not all, of the GAL's fees and costs. Gibson v. Barton, 188 Ill.App.2d 576 (3d. 1983); Roth v. Roth, 52 Ill.App.3d 220 (3d. 1977).
It is important to note that the court ultimately determines the reallocation and initial allocation of GAL fees, and it has full authority to decide how the fees will be split among both parties. Just because you request reallocation does not mean you will receive it. The allocation of fees to a GAL is within the sound judicial discretion of the trial judge, and a reviewing court will not find it unreasonable absent to a showing of abuse of that discretion. Neurauter v. Reiner, 117 Ill.App.2d 141 (2d. 1969).
How to know what you are responsible for
You can find the initial allocation in the GAL appointment order. It will include the retainer payment amount, the hourly amount the GAL will charge, and how it will be split. You also should receive regular invoices from the court under 750 ILCS 5/506(b), which provides that "[a]ny person appointed under this Section shall file with the court within 90 days of his or her appointment, and every subsequent 90-day period thereafter during the course of his or her representation, a detailed invoice for services rendered with a copy being sent to each party…" This is considered a minimal obligation, as the GAL truly should send a detailed invoice each month. If you are not receiving regular invoices, they should be requested. The client should also pay that invoice in a timely manner upon receipt.
If you have questions about a GAL appointment and the allocation of fees, you may contact The Law Office of Erin M. Wilson LLC for a consultation. The Law Office of Erin M. Wilson LLC has experience with GAL cases and can help give support and guidance throughout this process.
NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.