Custody Evaluation Charges
Rich
We live in GA. My husband's ex-wife lives in Illinois. We are nearing
the end of a custody battle for my three step-sons. Since last summer
we have been working on the custody evaluation with a psychologist. He
has interviewed our family and interviewed her and her boyfriend. The
psychologist has seen us with the boys as well.
In the beginning we asked for this custody evaluation. We wanted to
fight for custody and still do. Then it was said it was "court
ordered". Because we asked for it though all charges for the services
of the psychologist are ours.
My husband's ex brought a box with over 2,000 sheets of paperwork in it
that she felt had important information about the boys for this
evaluation. Because of all the hours of work he put into this, there is
now a charge of $5,200 for his extra work.
They may try to get the money from her, but why would she pay it? She
doesn't care if this custody evaluation is ever released. She wants to
keep things as they are.
So now the bill has been put on us. For all we know she could be
bringing more paperwork to the attorney as we wait for him to finish
this report. It could cost us even more then the $5200 we've been told
so far.
The psychologist now is stating that he will not release his final
report until the $5200 is paid. The report is to be released December
4th.
We have had a hard time paying the attorney and the psychologist all
this time. To be burdened with an extra $5200 just because his ex
dropped a bunch of paperwork on him is extremely unfair to us.
Is this legal that she did this to us? Is it legal for the
psychologist to hold back the report? We have paid $2,000 towards this
evaluation so far and this paperwork was her doing, not ours. We never
authorized all that work. I'm sure he could've come to a conclusion of
his report without that box of useless information.
What would you advise we do? Pay the $5200 and perhaps sue the ex for
it later? Or don't pay and hope the judge will tell the psychologist he
must release the report regardless of whether or not he's received his
full payment?
Thankyou for your help.
Rich
Raif Palmer
hurry. We typically advise clients to prepare to spend $5000 to $15000
on custody evaluations (not counting the costs for Guardian/Child
Representatives, additional legal fees for your own attorney, et
cetera). A full-blown custody matter through trial can be a
$50,000.00+ expense.
The court-ordered evaluator can review documents provided by both
parties in reaching an evaluation. You really can't limit what
evidence the evaluator can review, except you might be able to limit
the scope of the evaluation set forth in the order appointing the
evaluator under 705 ILCS 604.5(b). 750 ILCS 604.5(c) requires that
the party seeking the evaluation pay for it. It is very unlikely that
the Court will force the psychologist to release a report without
receiving payment. I'm not privy to all of the details of your case,
but I'd recommend paying the bill and moving forward. Do review the
bill to see the cost of the actual document review. You may find that
the majority of the evaluator's time was consumed in interviews and in
drafting the report.
I must make the following disclaimer: THIS POST IS FOR ADVERTISING
PURPOSES ONLY AND NOT TO BE CONSTRUED AS LEGAL ADVICE. I AM NOT YOUR
ATTORNEY. Thanks, our malpractice insurance carrier is happy now.
For more information on family law you can check out my blog at
http://www.illinoisdivorce.blogspot.com. Thanks for posting on this
forum.
Raiford D. Palmer, Partner
Momkus McCluskey
3051 Oak Grove Road, Suite 220
Downers Grove, IL 60515
630.434.0400
630.434.0444 fax