Legal Definitions - scale order

A scale order is a type of court order where the amount of a payment, fee, fine, or other obligation is not a fixed sum but is determined by a predefined system or "scale." This scale typically outlines how the amount will vary based on specific factors, such as income levels, the duration of an offense, the value of a claim, or the complexity of a legal matter.

Here are some examples to illustrate this concept:

• Imagine a divorce case where the court orders one parent to pay child support. Instead of setting a single, unchanging amount, the judge issues a scale order that mandates payments according to the state's child support guidelines. These guidelines often use a scale where the support amount increases or decreases based on the parents' combined income, the number of children, and the amount of time each parent spends with the children. If one parent's income significantly changes, the support payment automatically adjusts according to the established scale without needing a new court hearing, as long as it falls within the parameters of the original order.

  This illustrates a scale order because the payment amount is not static but varies according to a predetermined formula based on changing financial circumstances.

• Consider a municipality that has a system for fining property owners for code violations, such as overgrown yards or unkempt premises. A judge might issue a scale order stating that if a property owner fails to remedy a violation, they will be fined a certain amount per day the violation persists, with the daily fine increasing after a certain period (e.g., $50 per day for the first 30 days, then $100 per day thereafter). The total fine is not a fixed sum but accumulates according to this escalating scale until the violation is corrected.

  This demonstrates a scale order because the total fine is calculated based on a progressive rate that changes over time, rather than being a single, fixed penalty.

• In some legal systems, when a party wins a lawsuit, the court may order the losing party to pay a portion of the winner's legal costs. This might not be the exact amount the winner spent, but rather an amount determined by a "scale of costs" set by court rules. For example, a scale order might dictate that for cases involving claims under a certain monetary value, the recoverable legal costs are capped at a lower percentage, while for higher-value claims or more complex litigation, a higher percentage or a different calculation method applies. The specific amount awarded for costs is thus determined by this predefined scale based on the nature and value of the case.

  This exemplifies a scale order because the amount of legal costs awarded is not arbitrary but is calculated according to a structured system that varies based on factors like the value of the dispute.