Kenneth W. Clark v. Mary Ann Clark (2012)

FINDINGS AND ORDER RE AMC AND GAL FEES

The marriage of the parties was dissolved by decree of this court on August 18, 2009.   It would be an understatement to say that the parties have continued their contentious ways postjudgment.   At the time of the judgment, well over 300 pleadings had been filed.   As of the date of this Order, that number had increased by more than 200.   Both parties are currently self-represented, and there is no apparent ability or willingness on the part of either to exercise any restraint.   The continued intractable inability of the parties to communicate civilly and constructively has placed the well-being of their minor son, Kenneth, who has special needs, in jeopardy on more than one occasion.   In short, the situation is a mess.   As a result, the need for continued participation of the court-appointed Guardian ad Litem (“GAL”), Kirk Bennett, Esq., and the court-appointed Attorney for the Minor Child (“AMC”), Sandra Lax, Esq., is in the best interest of the minor child.   Their continued willingness to assist the court, under the circumstances, is nothing short of selfless.

At a Status Conference on November 16, 2011, among other issues, the court took up the matter of the outstanding fees to the AMC and GAL. The court ordered the parties to file current financial affidavits, and the attorneys to file affidavits of fees, after which time the court would enter appropriate orders.   Both parties as well as the AMC and GAL have complied.

NOW THEREFORE, the court, pursuant to General Statutes § 46b–62, having reviewed the file, including the financial affidavits of the parties, hereby finds as follows:

1. That the attorneys fees and costs as shown on the invoices of Kirk Bennett, Esq., dated March 2, 2012, calculated to be $15,685.00, are fair and reasonable under all the circumstances.

2. That the attorneys fees and costs as shown on the Affidavit of Fees of Sandra Lax, Esq., dated March 5, 2012, calculated to be $240,071.87, are fair and reasonable under all the circumstances;  and that, however, given the magnitude of the fees and the unsettled state of the sale of the marital real estate in Florida, it is appropriate to defer payment of all but $25,000.00 of the AMC's fees at this time, until further order of court or the sale of the Florida real estate, whichever shall sooner occur.

3. That each of the parties has the ability to contribute to the payment of the above fees on a present basis, and the balance upon the disposition of assets;  and that the plaintiff's fair share of each is 25% and the defendant's fair share thereof is 75%.

ACCORDINGLY, IT IS HEREBY ORDERED THAT:

1. As to the fees of the AMC, within thirty days from the date hereof, and each succeeding thirty-day period thereafter, the plaintiff shall pay to Attorney Lax the sum of $500.00 and the defendant shall pay the sum of $1,500.00 until such time as their respective shares of the first $25,000.00 shall be paid in full.   The foregoing notwithstanding, upon the sale of the Florida marital property, from their respective shares of the net proceeds, each shall satisfy the entire outstanding balance due for their respective shares of said fees, including any fees deferred hereby.

2. As to the fees of the GAL, within thirty days from the date hereof, and each succeeding thirty-day period thereafter, the plaintiff shall pay to Attorney Bennett the sum of $500.00 and the defendant shall pay him the sum of $1,500.00 until such time as their respective shares of said $15,685.00 shall be paid in full.   The foregoing notwithstanding, upon the sale of the Florida marital property, from their respective shares of the net proceeds, each shall satisfy the entire outstanding balance due for their respective shares of said fees.

3. Nothing shall prevent either party from reaching a satisfactory agreement with either or both the AMC and the GAL as an alternative to this order, provided it is in writing and submitted to the court as a Stipulation for review and order.

4. Nothing herein shall prevent either or both the AMC or the GAL from:  (a) requesting a status conference, or in the case of the AMC, from prosecuting any motion on behalf of the minor child, or for the execution of the above order;  and (b) from taking whatever legal steps either deem necessary to secure the payment of their fees, including any amounts deferred by this Order.

THE COURT

SHAY, J.

Shay, Michael E., J.