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Question regarding who pays the cost of an interpreter for a…

Question regarding who pays...

Question regarding who pays the cost of an interpreter for a deaf person in court. Or more specifically, at an SENE for parenting time. The petitioner has a 'free' attorney from a legal service (due to low income) and his attorney has hired two interpreters for the 4 hour SENE. The petitioner and respondent have now come to an agreement for the parenting time, but the SENE is still scheduled for tomorrow. It is understood there will likely be a penalty fee for both parties to pay the SENE evaluators, but the interpreters are a different story. Their standard is $70 an hour, times 8 hours (2 for 4 hours each) and are requiring the $560 regardless. So who is responsible to pay them? The main question is can the petitioner legally request the respondent to pay half?

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

Yes, they already had the initial case management conference where it was decided/agreed to do the SENE, but the judge specifically told the petitioner that he was responsible to pay for interpreters.

Lawyer's Assistant: Family law varies by state. What state are they in?

Minnesota

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think the basics are there! I hope! :)

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Answered in 5 minutes by:
3/20/2018
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,583
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

The county pays. Interpreter invoices are paid through Minnesota Management and Budget (MMB). The party which needs the interpreter has to file a motion asking the Court to appoint one and pay for them, in most cases.

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Customer reply replied 4 months ago
That's what we originally thought, but because the SENE is an optional mediation way to avoid a trial, basically a voluntary option that the court strongly encourages to help avoid court time and costs, the judge specifically told them at the initial case management conference that the petitioner is responsible to pay at the SENE. Our main question, because we are the respondent, is whether the petitioner's attorney can legally request that respondent pay half? It seems to us that since his attorney took his case on, fully knowing of his disability, and being the one who asked the judge the payment question, the attorney has no legal right to even ask for this.

I understand. IF SO, then the party that needs the interpreter pays. It is not split. Or, should not be, but really the Judge has discretion (especially if it is a family case).

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 4 months ago
Thanks for your time and insight.

You are very welcome. Good luck, and please don't forget to RATE my answer with five stars and then click SEND to submit that rating – it is the only way I get credit for my time with you – or, please use the SEND button to keep on chatting. "I strive for FIVE!"

Ely
Ely, Counselor at Law
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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