Rule 5.241.Compensation of counsel appointed to represent a child in a family law proceeding

Two determinations run in parallel: what the lawyer should be paid, and what the parties can afford. The court must fix a reasonable sum for compensation and expenses at the time of appointment, at the time it determines ability to pay, or within a reasonable time after appointment — and may redetermine it within 30 days after counsel is relieved, on its own motion or at the request of a party, a party’s counsel, or the child’s counsel.

Ability to pay is assessed on evidence, not impression. Before deciding, the court should consider the parties’ income and assets reasonably available at that time and their eligibility for or existing fee waiver, and the parties must have a current income and expense declaration or simplified financial statement on file. The timing is at appointment, within 30 days after, or at the next hearing.

Where the parties can pay, the court orders payment in a manner compatible with their financial ability, including progress or installment payments, and must warn them that failing to pay may lead the attorney or the court to take legal action to collect. The court may advance its own funds and seek reimbursement.

The closing provision is the one that makes the representation real: if the court finds the parties unable to pay all or part of the cost, the court must pay the portion the parties are unable to pay.