Mitchell v. French, 267 Neb. 656

Summary

The Nebraska Supreme Court held that a county may be ordered to pay guardian ad litem fees under Neb. Rev. Stat. § 42-358(1) only after the court finds that the responsible party is indigent. Because the district court expressly declined to find Mitchell indigent and relied on unsupported unsworn statements, its order requiring Douglas County to pay Mitchell's share of the fees was erroneous. The court reversed and remanded with directions to vacate that payment order.

Holdings

1. Section 42-358(1) permits a county to pay guardian ad litem fees only when the court finds that the party responsible for the fees is indigent.
2. The district court's statement that Mitchell was unable to make payments was not equivalent to a supported finding of indigency; in any event, the unsworn statements of Mitchell's attorney were insufficient evidence to support such a finding.

Questions Presented

1. Whether Neb. Rev. Stat. § 42-358(1) authorizes a county to pay a party's guardian ad litem fees without a court finding that the responsible party is indigent.
2. Whether the district court's statement that Mitchell was unable to make payments constituted an effective finding of indigency supported by the record.

Disposition

reversed_and_remanded