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Paying the evaluator

Started by littlebit, Apr 12, 2005, 08:34:18 AM

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littlebit

Our evaluator made it very clear that she expects to be paid in full before her report is released.  I am responsible for my visits, BM is to pay for her visits, and we are each to pay 50% of child's visits and for the final report.  

From our origianl divorce 6 yrs ago: BM's 1st attny dropped out due to lack of payment;  her second attny has never been paid either; BM still has not paid her half to the GAL from 6yrs ago; nor did she pay the shrink that she hired for an evaluation.

So...what happens if BM doesn't pay her portion to the current evaluator?  Will I have to pay her part to get the report released?  Will the judge get a copy of it anyway?  Or does the evaluator have the right to simply not give it to anybody?

CustodyIQ

If you have orders in place (or a stipulation made into orders) about those payment arrangements, then the court can enforce the payment arrangement.

If you both have signed a contract with the evaluator that outlines those financial arrangements, then it's a binding contract, and you can pursue relief to force her to comply.

Yes, the evaluator can withhold the report until the evaluator has been paid in full.  It's a typical set-up.  Evaluators ain't dumb, and they know that unhappy parties tend not to pay.

The court won't get the report until the evaluator has been paid.

If BM refuses to pay, you may have to pay the whole thing and then ask the court to order BM to reimburse you per the clearly outlined arrangement.

Lawmoe

Ask the evaluator. You may wish to pay the fee if the evaluation is favorable and seek an order requiring reimbursement.