Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

MEDIATION V. LITIGATION - DIVORCE SOLUTIONS SERVICES

Question #30:
Can a judge site the husband for contempt, if the husband refuses to pay a law guardian. A law guardian appointed by the court for the purpose of interviewing the husband, the wife and the child and to report to the court his findings. The law guardian interviews the wife and the child, but not the husband. The law guardian makes a demand for 50% fee compensation from the husband. The husband claims that the law guardian fees are exorbitant and in addition the law guardian provided no services to him "he never met the law guardian" and in fact the law guardian provided the court with a biased opinion. Does the judge have the legal right to force the husband to pay or site him for contempt? Shouldn't the law guardian seek legal avenue for payment on his own? Please respond Thank you .
Answer:
In order to answer your question, I must know what state you are living in (please see my request in previous question).

Once you enter the adversarial legal system, you are subjecting yourself and your children to the vagaries of the judicial system and the subjectivity of the particular judge who is presiding. I am not quite sure what you are referring to when you reference the "law guardian" but I understand from your question that apparently the judge has mandated such law guardian be appointed and assist your spouse.
The judge has every right in such matrimonial cases to appoint professional advisers as he deems reasonably needed and as in your case, as placed the cost of such adviser on your shoulders. I strongly suggest that you convince your spouse to try mediation and resolve your differences under the guidance of a qualified, attorney-mediator, specially trained in divorce mediation who can assist you and get you out of the adversarial system. If you are in the New York City metropolitan area, please call me at 212-370- 1660.

Leonard M. Weiner, Esq./Divorce Solutions

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