Family Law Rules

Local Family Law Rules

LR29-FL00-401. Preliminary Orders

401.10 Preliminary Orders in dissolution of marriage cases shall be typewritten or prepared on the Preliminary Order forms provided by the Courts; however, the Court, at its option, may accept legibly handwritten Preliminary Orders.

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LR29-FL00-402. Financial Declarations, Support Work Sheets, Visitation, and Children Cope with Divorce Workshop
402.10 Parties shall complete in full Indiana Child Support Obligation Worksheets (Form FL00-402A) and Financial Declarations (Form FL00-402B) on the forms adopted by the Court in all contested matters involving child support or disposition of assets. Parties must date and file these forms prior to any hearing or trial. Financial Declarations shall be exchanged by the parties and filed with the Court not less than three working days before any preliminary hearing and not less than ten working days before the final hearing. Child Support Worksheets shall be exchanged and filed with the Court on the hearing date. Child Support Worksheets must be attached to all proposed orders and decrees addressing child support.

402.20 If there are any assets or obligations not disposed of by written agreement between the parties, the litigants must prove the value of the assets and the amount of obligations at the hearing. Financial Declarations shall be considered as received in evidence subject to cross-examination. Direct examination, on matters in the Financial Declaration, should be confined to unusual factors which require explanation, or to corrections.

402.30 Prior to April 1, 2001, Hamilton County Circuit and Superior Courts had adopted Visitation Guidelines which are attached for information purposes in Appendix B. Effective April 1, 2001, the Indiana Supreme Court adopted Indiana Parenting Time Guidelines, which can be found at www.in.gov/judiciary/rules/parenting/index.html.

402.40 In the matters of child support and child support arrearages a CCS entry must be submitted to the Court in the following form:
Court finds Petitioner's/Respondent's current Child Support obligation to be $_____ per week/month as of __/__/20__, which modifies/affirms prior Child Support Order of _________. Petitioner's/Respondent's arrearage established in the amount of $_______as of ________/_____20__. Additional payment of $_____ per week/month toward arrearage.

402.50 The Circuit and Superior Courts of Hamilton County, find that it would be in the best interest of the minor child or children of the parties to encourage mediation and cooperation between divorcing parents prior to and after dissolution of their marriage. The Courts further find that a Mandatory Education Workshop will aid parents in post-separation parenting; aid development of healthy child/parent relationships in a post separation setting; be in the best interest of the minor child/children and; encourage agreements between the parties concerning child related matters.
a. Both of the parties in any cause of action for Dissolution of Marriage, in which there is a minor child/children under eighteen (18) years of age, attend a workshop entitled Children Cope with Divorce Attendance shall be mandatory for all parties in a Dissolution of Marriage action that is filed on or after February 1, 1993, if there is minor child/children under eighteen (18) years of age.
b. The four-hour course shall be completed by both parties within Sixty (60) days of the filing of the Petition for Dissolution and prior to the Final Hearing. Parties are responsible for paying the cost of this program, with allowance for a waiver of the fee for indigence.
c. The parties in this cause of action are ordered to contact:
The Visiting Nurse Service, Inc.
4701 N. Keystone Avenue
Indianapolis, IN 46205
(317) 722-8201
1-800-248-6540
within 15 days of the filing of the Petition for Dissolution or the Receipt of Summons, whichever is sooner, to make an appointment to attend the workshop without further notice. Failure to complete the workshop can result in a party being ordered to appear and show cause why he/she should not be held in Contempt of Court and punished.



402.60 The Sheriff of Hamilton County is Ordered to make due service of the Notice of Order on the Respondent when the Petition for Dissolution is served and make due return thereon.

402.70 Pursuant to LR29-TR65-212, in any Domestic Relations case filed in Hamilton County, the parties shall not, without hearing or security:
a. Transfer, encumber, conceal, sell or otherwise dispose of any joint property of the parties or asset of the marriage except in the usual course of business or for the necessities of life, without the written consent of the parties or the permission of the Court; and/or
b. Remove any child of the parties then residing in the State of Indiana from the State with the intent to deprive the Court of jurisdiction over such child without the prior written consent of all parties or the permission of the Court.

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LR29-FL00-403. Title IV-D Commissioner/Court
These local rules are adopted by the Hamilton County Circuit and Superior Courts to govern the practice and procedures in the Title IV-D Commissioner/Court, funded by the use of IV-D Incentive Funds.

403.10  ORGANIZATION OF TITLE IV-D CHILD SUPPORT COMMISSIONER/COURT. Pursuant to I.C. 31-25-4-15, the Judges of the Circuit and Superior Courts hereby establish a Title IV-D Commissioner/Court to establish and enforce paternity and child support orders under federal and state law.

403.10.1  ASSIGNMENT OF COMMISSIONER TO IV-D COURT.  The Judges of the Circuit and Superior Courts shall jointly appoint a commissioner to the IV-D Court.  A commissioner so appointed shall be designated as a IV-D Commissioner.

403.10.2  RESPONSIBILITIES OF IV-D COMMISSIONER.  A IV-D Commissioner jointly appointed by the Judges and assigned to the IV-D Court pursuant to 403.10.1 has the authority to preside over, make findings of fact and recommendations for the approval of the Judges of the Circuit and Superior Courts in actions arising under Title IV-D of the Social Security Act. In addition, the IV-D Commissioner has the authority to provide such assistance as may be required in making these findings of fact and recommendations.

403.01.3  TEMPORARY ABSENCE OF IV-D COMMISSIONER.  During the temporary absence of the duly appointed IV-D Commissioner, any sitting judicial officer of the Hamilton County Circuit and Superior Courts may hear and make recommendations upon Title IV-D matters.

403.10.4  SUPERVISION OF THE IV-D COMMISSIONER/COURT.  The Title IV-D Commissioner/Court shall be operated under the auspices and supervision of the Judges of the Hamilton County Circuit and Superior Courts.

403.20  CHILD SUPPORT ISSUES ARISING OUT OF LEGAL SEPARATION DECREE OR DISSOLUTION OF MARRIAGE PROVISIONAL ORDERS

403.20.1  PENDING CHILD SUPPORT ORDERS ARISING FROM LEGAL SEPARATION OR PROVISIONAL ORDERS.  All IV-D child support issues arising out of a Legal Separation Decree or out of a provisional order in a Dissolution of Marriage proceeding will NOT be assigned to the IV-D Commissioner/Court.

403.20.2  ARREARAGES FROM CHILD SUPPORT ORDERS ARISING FROM LEGAL SEPARATION OR PROVISIONAL ORDERS.  Once a Legal Separation Decree expires by order or operation of law or once a Dissolution of Marriage Decree is granted, arrearage issues arising out of the provisional order or the Legal Separation Decree may then be assigned to the IV-D Commissioner/Court by written ORDER OF ASSIGNMENT issued by the Judge of the Circuit or Superior Court upon a written finding that there is a IV-D support issue to be resolved.

403.30  IV-D CHILD SUPPORT ISSUES ARISING OUT OF DISSOLUTION DECREES OR POST- DISSOLUTION ORDERS.  All IV-D child support issues arising out of a Dissolution Decree or a Post-Dissolution Order may be assigned to the IV-D Commissioner/Court by written ORDER OF ASSIGNMENT issued by the Judge of the Circuit or Superior Court upon a written finding that there is a IV-D support issue to be resolved or upon a finding that the only remaining matters involved in the case are properly within the jurisdiction of the IV-D judicial officer.

403.40  IV-D CHILD SUPPORT ISSUES ARISING OUT OF PATERNITY ACTIONS.  All IV-D child support issues arising out of a Paternity Action or post- paternity proceedings may be assigned to the IV-D Commissioner/Court by written ORDER OF ASSIGNMENT issued by the Judge of the Circuit or Superior Court.

403.50  PROCEDURE FOR ASSIGNMENT OF IV-D MATTERS TO IV-D COMMISSIONER/COURT.  Once a Judge of the Circuit or Superior Court has assigned a case involving IV-D issues to the IV-D Commissioner/Court for the resolution of IV-D issues, the following procedure will control:
(1) Cases may be considered for assignment at the oral or written request of any party or sua sponte by the assigning Judge.
(2) The Judge may issue a written ORDER OF ASSIGNMENT upon a finding that a IV-D support issue needs to be resolved or upon a finding that the only remaining matters involved in the case are properly within the jurisdiction of the IV-D Commissioner/Court. The ORDER OF ASSIGNMENT will be entered onto the original chronological case summary (CCS) or docket sheet.
(3) A copy of that ORDER OF ASSIGNMENT, a copy of the CCS, and copies of any relevant pleadings including but not limited to the initial pleadings on any pending IV-D matters and all orders entered regarding any previous IV-D matter shall be compiled by the clerk of the court of origin upon request of the Child Support Division of the Prosecutor’s Office.
(4) The ORDER OF ASSIGNMENT will be served on all parties by the Child Support Division of the Prosecutor’s Office. If a pending issue requires an immediate hearing, the Child Support Division shall also be responsible for coordinating the hearing date and time and notifying all parties.
(5) All non-IV-D matters that arise following an assignment to the IV-D Commissioner/Court shall be filed with the originating Circuit or Superior Court. Assigned IV-D issues may be recalled by the assigning judge at any time and the IV-D Commissioner/Court shall send back to the assigning judge any assigned issues that require the consideration of non-IV-D matters.
(6) All findings and recommendations of the IV-D Commissioner/Court shall become orders upon approval and adoption by the originating Judge.  
(7) A transfer, assignment, or recall of cases shall be done by separate order of the sending or recalling judicial officer.
(8) Procedure for Objection to Assignment: Assignment to the Title IV-D Commissioner/Court is within the sole discretion of the regularly presiding judge to whom the case has been originally assigned.  A change of venue from the regularly presiding judge may be made under applicable Indiana Trial Rules or statutes.  An objection to assignment to the Title IV-D Commissioner/Court shall be made to the regularly presiding judge and is within his or her discretion to grant or deny.

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