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Family Law Rules
Local Family Law Rules
- LR29-FL00-401. PREAMBLE
- LR29-FL00-402. FINANCIAL DECLARATIONS, DISSIPATION OF ASSETS, SUPPORT WORKSHEETS, PARENTING TIME, DISPOSITION OF PROPERTY, PARENTING WORKSHOP, AND REMVOAL OF CHILDREN FROM THE STATE
- LR29-FL00-403. ALTERNATIVE DISPUTE RESOLUTION: MEDIATION AND COLLABORATIVE LAW
- LR29-FL00-404. TITLE IV-D COMMISSIONER / COURT
401.10 These rules shall apply in all dissolution of marriage cases, post-dissolution matters, paternity actions and post-paternity cases.
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LR29-FL00-402. FINANCIAL DECLARATIONS, DISSIPATION OF ASSETS, SUPPORT WORKSHEETS, PARENTING TIME, DISPOSITION OF PROPERTY, PARENTING WORKSHOP, AND REMVOAL OF CHILDREN FROM THE STATE
402.10 Parties shall complete in full the Indiana Child Support Obligation Worksheets (Form FL00-402A) and Financial Declarations (Form FL00-402B) on the forms adopted by the Hamilton County Circuit and Superior Courts in all matters involving child support or disposition of assets. Financial Declarations shall be exchanged by the parties within thirty (30) days of a new case or modification petition being filed, unless by agreement of the parties or leave of the Court. All parties shall submit Declarations to the court as an exhibit immediately prior to any contested hearing involving child support, the disposition of assets, or maintenance. 402.20 In any Domestic Relations case filed in Hamilton County, the parties shall not, without hearing or security:
- 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. Any party acting “in the usual course of business” or “for the necessities of life” shall provide the other party with an accounting of same at the time of or, if possible, in advance of such action. Joint property of the parties or asset of the marriage includes property in the separate name of either party or in the names of a party and another person(s) owned or owed on the date of filing the Petition, including but not limited to:
- Property or property interest of any kind, including real, personal, digital/electronic, and intellectual property;
- Records and electronically stored information, hard drives or other electronic storage devices, computers, and cloud storage accounts;
- All financial, investment, educational, and retirement accounts; iv. Life and health insurance policies.
- 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.
- The parties shall maintain unchanged all insurance policies (including beneficiary designations) in place as of the date that the family law action was commenced, including but not limited to life, health, auto, personal property, liability, and homeowners/renters insurance, absent written consent of the parties or the permission of the court.
- Neither party shall incur any debt in the name of the other party or in the joint names of the parties, absent written consent of the parties or the permission of the court.
- Neither party shall terminate/cancel/modify any utilities at the marital residence from those in place as of the date that the family law action was commenced absent written consent of the parties or the permission of the court. f. Neither party shall conceal, alter or destroy any family, health, property financial or business records or any records of income, debts, or other obligations, including electronic records, which existed as of the date that the family law action was commenced.
402.30 The Indiana Parenting Time Guidelines provide useful outlines of the minimum time each parent should have with the children to maintain frequent, meaningful, and continuing contact with them. The Indiana Parenting Time Guidelines can be found at www.in.gov/judiciary/rules/parenting/index.html.
402.40 The Circuit and Superior Courts of Hamilton County find that a Co-Parenting 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.
- Both of the parties in any cause of action for Dissolution of Marriage, in which there is a child under eighteen (18) years of age, shall complete a co-parenting education program either online or in person. Said program shall be at least four (4) hours in duration. View list of acceptable course providers.
- The four-hour course shall be completed by both parties within sixty (60) days of the filing of the initiating pleading and prior to the Final Hearing. 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.
LR29-FL00-403. ALTERNATIVE DISPUTE RESOLUTION: MEDIATION AND COLLABORATIVE LAW
403.10 Mediation is a preferred way to resolve family law issues.
- Parties shall attend mediation before any of the following contested court hearings unless excused by the court:
- Final hearings; and,
- Post-decree hearings about custody or parenting time.
- Parties may either select a mediator by agreement or ask the Court to appoint a panel of mediators.
- This rule does not require mediation of contempt motions that allege the failure to pay child support or interference with Court ordered parenting time.
- A party may request to be excused from mediation in cases involving domestic violence or for other good reason.
403.20 If the parties are both represented by attorneys trained in Collaborative Law, and have signed retainer agreements with those attorneys to participate in a Collaborative Law family law matter, they may file a Joint Petition for Dissolution, and may file a stipulation asking among other things that the case not be set for conference or hearing. If either party violates the agreement to proceed in the Collaborative Law process, the court may allow withdrawal of representation of both attorneys, if so requested.
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LR29-FL00-404. 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.
404.10 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.
404.10.1 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.
404.10.2 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.
404.10.3 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.
404.10.4 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.
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