Q: Why am I paying for his drug testing?
We have a 12-yo together (week on/week off visitation). We are legally divorced. Daughter found drugs in his home. He tested positive on a court-ordered drug test. Our mediator's rec's state he is to enroll in the court program for random drug testing. Ex's attorney wants me to pay for half of the tests. Looking for case law/information on this because it does not make sense that I would pay for a mediator's rec or his mistakes.
A:
I'm not sure why your ex is attorney is requesting that you pay for the tests. I suspect that the request is being made pursuant to Family Code Section 2030, a section recently liberalized effective January 1, 2011, and which allows an award of attorneys fees and/or costs to a non-monied spouse to ensure equal access to the courts. Under this section, judges are now required to perform he needs – based assessment whenever attorneys fees and costs are requested.
Nevertheless, you may have arguments in your favor, as judges still have significant discretion in making these awards. You'll want to bring up facts suggesting that spouse impeded settlement efforts, acted unreasonably or in bad faith. See family code section 271.
Depending on the amount in controversy, you may wish to retain an attorney to either appear for the motion or draft your responsive declaration.
Good luck.
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