Who Pays for a Custody Evaluation in Utah?

A very wise man once said, “Money is a litmus test.”

In Utah divorces that include child custody evaluations, this saying couldn’t be truer.

A custody evaluation is necessary when people can’t agree on custody and parent-time. In situations like this, the court wants an expert to weigh in on things, and that’s what a custody evaluator does.

In essence, a Utah custody evaluator comes in, interviews the kids and parents, examines how parents interact with their kids, looks at how everyone acts at home together, gets grade reports, looks at criminal background histories, and makes a determination about custody and parent-time.

(The process is actually much more involved than what I’ve described.)

Everyone wants a custody evaluation when they can’t agree, until they hear the price tag, that is. Custody evaluators in Utah costs around $5000 to $10,000.

That price is the litmus test.

Who Pays?

When we discuss custody evaluations with our clients, we always address the same question: “Who pays the custody evaluator’s costs?”

Here are the rules of thumb when we answer this question:

  1. If it’s a divorce, then the parents will split the cost 50-50.

If parents are getting divorced, can’t agree in mediation to custody, and need a custody evaluation, the court will most likely make everyone share costs 50-50.

A major exception to this is when one parent makes way more money than the other one. So, if you’re a doctor and make $300,000 per year, and your husband stays home with the kids, you (doctor) will probably pick up the bill.

This doesn’t happen very often, though. It’s much, much more likely parents will share costs 50-50.

  1. If it’s a modification of a divorce decree, then the person asking to change custody will pay 100% of the costs.

If you want to modify your divorce decree and change custody, then you will likely pay 100% of the custody evaluator costs.

Actually, the court will make you pay the costs upfront and “reserve” for trial final allocation of those costs. (This means at trial the judge could reallocate the costs to 50-50 or something similar.) In reality, reallocation almost never happens, so you have to be prepare to foot the entire evaluation bill if you want to modify child custody and parent-time.

Special Situations

Our rules of thumb are general rules. Things might always work out differently depending on a particular situation.

For example, if a guardian ad litem is involved and recommends parents share costs because one parent has been playing dirty tricks with custody and parent-time, you better believe the court is going to listen to the guardian ad litem.

Sometimes, a commissioner will order parents to share custody evaluator costs according to how much money they make. So, if you make $50,000 per year, and your spouse makes $25,000 per year, you would pay 2/3 of all costs and your spouse would pay 1/3.

Make Sure You Pay the Custody Evaluator — Now!

Final word on this subject: make sure you pay the custody evaluator — now!

If you don’t pay the evaluator, the court can fine you and dismiss your case. In other words, you could lose your entire case by not paying the custody evaluator.

Like I said: money is a litmus test. Make sure you pass the test.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
Based on 1019 reviews
Daniel Young and Carren Leavitt did an awesome job working on my case. Their commitment and dedication was great. They kept me updated at every stage of the case until it was finalized. I would greatly recommend them.
Definitely the team to trust with such a difficult situation. I 100% recommend brown law especially my attorney Leilani to anyone needing help with their divorce as I did. Leilani thank you
Dani is awesome!
Brown Family Law was super great and comforting in a stressful time in my life.
I’m so glad I had them.
Nick was fantastic!
Response from the owner:Thank you, Teri.
Dani is extremely helpful. I am grateful for her professionalism.
Worked with Nick and Carren they did an awesome job with a difficult situation. The whole Brown law team was excellent to work with. I would highly recommend them to anyone that needs thier services. Thank you Nick and Carren also the rest of the team. On a side note everyone i delt with was very friendly! Thank you again!
Clay is the best
Clay was fantastic. I really appreciated his professionalism and knowledge. I would absolutely recommend him to anyone needing his services.
Helped me with everything, supported me in all my decisions! Communication is top notch! Never worked with a lawyer who was so easy to get a hold of! They are the best!
Daniel is a wizard. He’s incredibly knowledgeable and has a real gift for walking you through stressful situations with clarity and calm. He makes the process feel easy when it could otherwise be overwhelming. Highly recommend working with him!
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories