Q: I felt as if the judge had no care or knowledge about our case. She ordered a drug test and with her words said we’re “both pointing the finger” though in my papers I never said anything about him having substance abuse. She didn’t give me the chance to talk really and now I’m stuck paying $250 for something I never asked for. Can I get the fee waved? Or can he take it from back child support? He hasn’t paid a dime in support but keeps bothering me about paying his money back.
A: It is hard to say exactly why the Court made this decision. If you are within your ten day period from the decision, you can file for reconsideration of the Court’s decision.
Were you both ordered to take a test? Was there an order made about payment? It seems as if the Court ordered that each of you get a test. If the court didn’t designate one to pay for both, then its assumed that you will each pay for your own. If you are unclear, and you are within ten days, you can file for clarification from the Court about who should pay.
You can inquire at the center about a waiver for the fee. Perhaps they have a financial form for you to complete for consideration of waiver (doubtful). This most often is done by the Court. If you feel that strongly, you might want to file a motion, with an updated financial affidavit, requesting that the fee either be paid by him, reduced or waived. Again, if you are within your ten day period, you can also file for reconsideration of the Court’s decision. On this particular issue.
Best of luck!