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Rule R20C-130 Domestic relations cases

Baldwin's Kentucky Revised Statutes Annotated20th Judicial Circuit - Greenup and Lewis Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
20th Judicial Circuit - Greenup and Lewis Circuit Court
KY RCLC Rule R20C-130
Rule R20C-130 Domestic relations cases
1. Uncontested Dissolution Actions. Uncontested dissolution of marriage cases which contain an entry of appearance and waiver of notice shall be submitted directly to the Circuit Judge on deposition. The case shall stand submitted with a motion to submit accompanied with copies of the deposition, any separation agreement, and the entry of appearance. The proposed findings of fact, conclusions of law and final decree shall be submitted in original form.
2. Matters to be heard by the Domestic Relations Commissioner. All domestic relations cases will be heard by the Court, unless referred to the Domestic Relations Commissioner. The Court may refer to the Domestic Relations Commissioner contested hearings for child support, temporary child custody, visitation, maintenance, assignments of possession of marital property, or other relief pending further litigation, except motions for restraining orders or injunctive relief. The Domestic Relations Commissioner may also preside over hearings on post judgment motions in domestic relations matters to enforce or modify the final decree of child support, visitation, maintenance or disposition of marital property, and other matters as the Court determines proper. Upon referral of the case to the Domestic Relations Commissioner, counsel for the moving party shall contact the Domestic Relations Commissioner to schedule a time for the hearing on the motion. Requests for referral to the Domestic Relations Commissioner may be made directly to the Court rather than placing the case on the Motion Day docket.
3. Fees to the Domestic Relations Commissioner. The Domestic Relations Commissioner shall be entitled to compensation for matters heard by or referred to him as follows:
A. Forty dollars ($40.00) for the first hour of a hearing and an additional forty dollars ($40.00) for each hour thereafter. The fees, except for the first forty dollars ($40.00), shall be prorated to the quarter (1/4) hour period. Fees shall be paid within thirty (30) days after the entry of the order arising from the hearing. The fees of the Domestic Relations Commissioner shall be treated as part of the court costs and Court Reporter fees in the final decree.
4. Child Support. In all cases in which child support is either requested to be set or modified, a worksheet computation is required to be filed by each party in conformance with KRS 403.212, unless child support is otherwise agreed to by the parties.
5. Property Lists.
A. At least ten (10) days before the date of hearing in any contested matter as to division of marital property, there should be filed with the Court an itemized list of all property in dispute stating:
(1) non-marital property belonging to the Petitioner and Respondent;
(2) marital property, itemized with the value stated after each item. This shall be served on opposing counsel and filed in the record. See Annex A1.
B. No case will be set for trial by the Commissioner or the Court until the itemized property list is filed with the Court. Counsel will also certify a copy of this property list to opposing Counsel.
6. Domestic Violence Orders.
All domestic violence petitions or motions shall be filed with the Circuit Court Clerk, who has designated a Deputy Clerk as the Domestic Violence Deputy Clerk. The Clerk so designated shall assign the matter as follows:
NO DISSOLUTION OF MARRIAGE PENDING
If no dissolution of marriage action is pending in Circuit Court, the Clerk Shall docket the case on the District Court's docket. The clerk shall deliver the appropriate documents to the District Judge for consideration and appropriate action. If the District Judge is unavailable, the clerk may seek the considerations of the Trial Commissioner (SCR 5.030(d)(iii)) or the Circuit Judge (KRS 403.725(5)). If the Trial Commissioner or Circuit Judge issues an emergency protective order (EPO) or summons, the matter will remain on the District Court docket even if the Circuit Judge signs an EPO (KRS 403.725(5)). If the Circuit Judge orders that a summons be issued per KRS 403.745, the Clerk shall set the matter on the Circuit Court docket.
DISSOLUTION OF MARRIAGE PENDING
If a dissolution of marriage is pending in the Circuit Court or is filed contemporaneously, the Clerk shall present the petition to the Circuit Judge for consideration and appropriate action. If the Circuit Judge is unavailable, the Clerk may present petition to the District Judge for consideration and appropriate action. (CR 65.03(d)). The Clerk shall place the matter on the Circuit Judge's motion hour docket.
CONTEMPT
If any person presents a motion for contempt or a show cause for violation of a protective order arising out of the provisions of KRS 403.730 to 403.785 from District or Circuit Court, the Clerk shall set the matter on the District Court's docket (KRS 403.760(2)). The Clerk shall further make two (2) copies of the show cause motion and within the same day, hand deliver or mail it postage prepaid, to the County Attorney and the Commonwealth Attorney along with the date, time and place of the hearing.
DURING NON-OFFICE HOURS
If no dissolution of marriage action is pending in this Circuit Court, the District Judge shall be contacted to consider the petition and/or motions. Hearing shall be scheduled in the District Court on the next available Domestic Violence session of the Court. If no District Judge is available, the Circuit Judge may act for the District Court as authorized by the provisions of KRS 403.730 to 403.785.
HEARINGS
A. If while a Domestic Violence matter is pending in the District Court, a dissolution of marriage proceeding is filed in this Circuit Court, the presiding District Judge may in his/her discretion enter or continue such protective orders and process deemed necessary and transfer the matter for final hearing to this Circuit Court.
B. The Domestic Violence session of the District Court is scheduled as follows:
Lewis County -- Tuesdays, 1:00 p.m.
Greenup County -- Thursdays, 9:30 a.m.
C. The Domestic Violence sessions of the Circuit Court is scheduled as follows:
Lewis County -- 1st and 3rd Fridays of the month at 9:30 a.m.
Greenup County -- Thursdays, 1:00 p.m.
These rules shall be incorporated into the 20th Judicial Circuit Court Local Rules.
7. Parent Education Clinic
A. If there are minor children of the marriage, a proceeding for dissolution of marriage shall not be assigned for final hearing, or the matter submitted, if uncontested, until the parties have attended and participated in the Parents Education Clinic held at least once each month in the Greenup County Courthouse or such other location as may be approved.
B. If a party refuses or fails to attend the clinic, the Court may make such orders in regard to the failure or refusal as are just, and among others the following:
a. An order refusing to assign a trial date until the party requesting the trial date attends the clinic;
b. An order declining to set or enforce permanent visitation rights for the disobedient party until the disobedient party attends the clinic;
c. An order reserving the granting or approval of final custody; and
d. In lieu of any of the foregoing orders or in addition thereto, an order to attend the clinic.
C. This program applies to Greenup County only, effective February 1, 1995.
D. This program will be effective in Lewis County by separate order once it is developed and the Court secures a person to implement it.
8. Visitation - Visitation shall be in accordance with standard visitation schedules A or B as adopted by the Greenup and Lewis County Bars, unless otherwise modified by the Court. See Annex B2.
9. Payment of child support - All child support should be paid to a third party payee. The third party payee shall consist of either a bank account established by the custodial parent or a non-AFDC IV-D payee designated by the Cabinet for Families and Support.
10. Mediation - The Court will, upon agreement of the parties, refer the case to mediation, in efforts to accommodate the parties settlement in a orderly and fair manner.

Credits

HISTORY: Amended effective July 15, 2005.

Footnotes

So in original. See now Appendix A.
So in original. See now Appendix B.
Greenup and Lewis Circuit Court Rule R20C-130, KY R GREENUP LEWIS CIR CT Rule R20C-130
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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