Peterson v. Thompson (2023) A157874 A157874; filed 3/29/23. ![[Files/CaseFiles/A157874.PDF]] [Opinion PDF](https://www.courts.ca.gov/opinions/archive/A157874.PDF) ## Rule excerpts Allocation of a court-appointed custody evaluator’s fees under Evidence Code section 730 and Family Code sections 3111 and 3112; remanded for an ability-to-pay hearing. > We conclude that in allocating the costs of a court-appointed child custody evaluator, the court must consider the parties’ ability to pay, whether the child custody evaluator is appointed by the court under Evidence Code section 730 or under the more specific provisions of the Family Code (Family Code sections 3111 to 3112). — Peterson v. Thompson (2023) A157874, slip op., p. 1–2. > While the parties’ relative post-tax incomes may be considered in evaluating a parent’s ability to pay, the ability to pay cannot be fairly assessed without consideration of other factors, including certain of the parties’ expenses. — Peterson v. Thompson (2023) A157874, slip op., p. 20.