Who Pays for a Guardian Ad Litem in Florida?
Short answer: In Florida dependency cases, the Statewide Guardian ad Litem Office generally provides a GAL at no cost to the parents. In divorce, paternity and modification cases, a GAL may come from the GAL Office if available, or the court may appoint a private GAL whose fees are usually divided between the parents based on their ability to pay.
Cost is a fair question when a guardian ad litem enters a case. The answer depends mostly on what kind of case it is and who is appointed.
Dependency cases
When the state is involved because of alleged abuse, abandonment or neglect, the Statewide Guardian ad Litem Office generally provides the GAL team. Parents typically do not pay the GAL in these cases.
Family court cases
GAL Office appointed
- Used when the office has capacity to accept family cases
- Often staffed by trained volunteers
- Generally no fee to the parents
Private GAL appointed
- Often an attorney or other qualified professional
- Charges for time spent investigating and reporting
- Court allocates fees between the parents
Whether the GAL Office can take a family court case varies by circuit and by caseload. When it cannot, judges may appoint a private guardian ad litem.
How private GAL fees are divided
- The appointment order usually sets an initial deposit, or retainer
- Fees are often split equally, or allocated by each parent's income
- The court can reallocate fees later, for example if one parent's conduct drove up costs
- Unpaid fees can be enforced through the court
Ability to pay: Courts consider each parent's financial circumstances. If you cannot afford a share of the fees, raise it with the court at the time of appointment, not afterward.
What drives the cost
The more contested the case, the more interviews, records and home visits a private GAL needs, and the higher the bill. Cooperating promptly, providing organized records and avoiding unnecessary disputes keeps the investigation focused.
The surest way to keep a GAL's bill down is to make the GAL's job easy.
When to talk to a lawyer
Heather Harris Law can help Brevard County parents understand the likely costs of a guardian ad litem and argue for a fair allocation. See also requesting a GAL in your divorce.
Frequently asked questions
Do parents pay for a guardian ad litem in dependency cases?
Generally, no. In Florida dependency cases, the Statewide Guardian ad Litem Office usually provides the GAL.
How much does a private guardian ad litem cost?
It depends on the GAL's rate and how much investigation the case requires. The appointment order typically sets an initial deposit and how fees are shared.
Can the court make one parent pay all the GAL fees?
Yes. The court can allocate fees based on income and ability to pay, and can reallocate them if one parent's conduct increased the cost.
Heather Harris Law, 650 South Courtenay Parkway, Suite 101, Merritt Island, FL 32952. Call (321) 452-7055. Heather Harris spent thirteen years as an Assistant State Attorney before opening her practice and is licensed in Florida and Alabama. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.