My ex served me with joint custody papers last year after he assaulted me in a bad and bloody fight. He is in contempt across the board: refuses to pay child support (class 1 felony stage), refuses to pay the GAL fees, is disrespectful to the guardian, acts out of line in court, has not come for visitations the past month, and the list can continue on neglect issues. We have been stuck in limbo, not allowed to be heard in court any longer until he pays his guardian ad litem fees. It's been 7 months and he has not paid her a penny. Can I pay his way so I can finally have the guardians recommendation announced or at least have her finish her investigation? If so can't I just request the Commissioner/Judge to add the fees to his owed child support (that I'll probably never see) Any suggestions and input would be greatly appreciated, I just want the custody judgment made. I have a strong feeling I will be able to maintain full custody and finally move on with our lives.
If there is a court order for him to pay GAL fees and he isn't, file a contempt motion against him; the answer to specifically answer your question is yes, there is no law or rule that would prevent you from paying his share so the GAL can complete their investigation. Your other option since it appears to be his motion to modify if I understand your post correctly, would be to file a motion to dismiss his motion to modify based on failure to follow the court orders, prosecute his case timely and pay the GAL fees timely.
In addition to the above response, the Guardian ad Litem can file his or her own motion for contempt for the one party's failure to pay his share of the Guardian ad Litem fees. However, the Guardian ad Litem can not simply refuse to continue work or an investigation for non payment. The issue needs to be addressed to the Court. File a motion for contempt yourself if the Guardian ad Litem will not do it. This may be the only way to expedite the matter.
You can pay the fee and then request that the court order him to reimburse you. It's likely that the judge will require him to repay this expense but there is no guarantee that they will do so.
You could also be able to request a status conference in front of the family court commissioner or the judge to address his failure to pay the GAL deposit (he could also apply for a waiver of the deposit, but not the fee, based on lack of income or assets to pay). If he is indigent the court might further order him to apply for the deposit waiver in order to avoid contempt.
In Brown County, the GAL is not supposed to work on this file until the deposit is paid or a waiver is obtained based upon indigency.
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