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Addendum B Rules of practice for domestic relations actions

Baldwin's Kentucky Revised Statutes Annotated46th Judicial Circuit - Breckinridge, Grayson and Meade Circuit Courts

Baldwin's Kentucky Revised Statutes Annotated
46th Judicial Circuit - Breckinridge, Grayson and Meade Circuit Courts
KY BGMC Add. B
AddendumB Rules of practice for domestic relations actions
RULES OF PRACTICE FOR DOMESTIC RELATIONS ACTIONS
46th JUDICIAL CIRCUIT
These rules may be cited by the abbreviation 46thDrR followed by the appropriate rule number.
DrR 1: Domestic Relations Commissioner - Qualifications and Powers
There shall be a Part-Time Domestic Relations Commissioner for the 46th Judicial Circuit, with the qualifications as stated in CR 53.03(2).
The Commissioner shall have the powers enumerated in CR 53.04.
DrR 2: Standing Referrals
Unless otherwise ordered by the Court, there shall be a standing referral to the Domestic Relations Commissioner (hereinafter “DRC”) of all domestic relations matters including, but not limited to, the following:
A. Uncontested and contested matters arising from actions affecting the marital relationship of parties under KRS Chapter 403;
B. Child custody, support and maintenance under KRS Chapter 403, both pendente lite and post judgment;
C. Costs and attorneys' fees in those actions involving paragraphs one and two.
DrR 3: Hearings
3.01 Hearings pursuant to DrR 2 shall be by motion set for a time and date certain before the Domestic Relations Commissioner, which time and date shall be provided by the Commissioner if not on a regularly scheduled motion day of the Court. All motions and hearings shall be conducted pursuant to the requirements of statute and the Rules of Civil Procedure.
3.02 If an adverse party is not personally before the Court, the motion shall be served upon the adverse party in the same manner as required for service of a summons. After a party is before the Court, service shall be had as provided in the Rules of Civil Procedure. Each motion shall be verified or supported by affidavit(s) of the Movant, which shall be served upon the adverse party with the motion.
3.03 If to be submitted orally before the commissioner in uncontested matters, the parties shall submit a motion to submit the action before the commissioner immediately upon the expiration of any statutory limitation. If to be submitted on written depositions, any party may submit for review and recommendation. The commissioner shall submit his/her report to the Court within seven (7) working days thereafter.
3.04 Upon motion of a party, in contested matters, a pre-trial conference shall be held to establish a schedule and method of proof to be completed within sixty (60) days thereafter.
3.05 In pendente lite matters, the DRC's recommended order and case file shall be delivered to the Judge of the Court within five (5) days of the hearing. Unless otherwise ordered, the recommended order shall be immediately signed by the Judge and entered by the Clerk on or before the close of the fifth business day after it has been so delivered.
3.06 In pendente lite matters, if civil summons had been served and written notice of a pendente lite hearing filed at least five (5) days prior to the hearing, the pendente lite order may be reviewed only upon a showing of serious endangerment or a substantial change of circumstances occurring since the date of hearing.
3.07 All reports and recommendations in contested matters shall contain findings of fact and conclusions of law.
DrR 4: Domestic Relations Motion Days
4.01 Domestic Relations Motions shall be set and heard during regular motion days as set by the Court for hearing other civil actions.
4.02 The Clerk of each Court shall establish a separate Domestic Relations Docket Sheet, which shall not be co-mingled with matters to be heard by the Court. The Clerk will not assign any motion to a docket unless the motion and notice shall have been filed in the clerk's office at least five (5) working days prior to the date set for hearing.
DrR 5: Contempt Practice
In any proceeding for contempt in a Domestic Relations matter in which there are issues of fact to be resolved, the matter shall be referred to the Domestic Relations Commissioner for the taking of proof and findings of fact. Should the facts support a finding by the commissioner that the non-moving party is in contempt of Court, that party shall be required to appear before the Judge of the Circuit Court at the next regularly scheduled motion day to show cause why he/she should not be held in contempt of Court. The contempt hearing shall be a de novo hearing.
DrR 6: Contested Matters
6.01 In any action for dissolution of marriage, if any pleadings refer to the existence of marital property or debts incurred during the marriage, the party tendering the pleadings (“initial moving party”) shall prepare and file a Verified Financial Disclosure (“VFD”) statement in the form and fashion as set forth in DrR Form 1, which is attached to these rules. The initial moving party's VFD shall be required to be filed within forty-five (45) days of filing of the pleading initiating legal process (i.e. Petition for Dissolution, etc.). The responding party, upon whom the initial moving party's pleadings are served, shall be required to file a VFD within thirty (30) days of service of civil summons or filing of the Petitioner's VFD, whichever is later. Upon failure of a party to timely file the required VFD, the DRC may continue the final hearing until the VFD is properly filed or the DRC may proceed with the hearing and accept the information in the complying party's VFD in the DRC's Recommendation/Report to the Court.
6.02 In any action wherein the support and maintenance of children or spousal maintenance is in issue, each party shall file with his/her original pleading or first responsive pleading a copy of his/her copies of the Federal 1040 Income Tax return including the schedules thereto appended for the immediate past three (3) years, together with W-2s and any 1099s received for those years; wage statements from his/her employer for the immediate prior eight (8) weeks; and/or documented evidence of his/her earnings for the immediate prior three (3) months.
6.03 If any action wherein child support is in issue, the parties shall each file with their motion for child support or any responsive pleading a Child Support Worksheet in conformity with KRS 403.211, 403.212, and 403.213 in the Form attached to these rules as DrR Form 2.
6.04 In any action wherein the permanent custody of children is in issue, each party shall (not less than thirty (30) days prior to the day set for hearing) provide the other party with a list of the names and addresses of each and every person, other than a party or a child of the parties, expected to be called as a witness. Depositions of any named witnesses should be scheduled and conducted prior to the date set for final hearing
6.05 In any action wherein visitation of children is in issue, if the parties cannot agree upon the periods and conditions of visitation of child(ren) more than three (3) years of age, the commissioner may reference a standard visitation schedule as set forth in DrR Form 3, attached to these rules. However, the DRC shall recommend visitation based upon the best interest of the children under the particular facts of each case.
DrR 7: Notices
No motion, other than emergency ex parte motions, shall be heard by the court unless the adverse party has been served with notice of the bringing of the motion at least five (5) working days prior to the date set for the hearing.
DrR 8: Responsibility of Counsel
For purposes of responsibility for the receipt of notices and motions in post judgment practice, it shall be presumed that the representation of any party by counsel of record ceases upon the expiration of thirty (30) days after the entry of a final, appealable order or decree with no appeal having been taken.
DrR 9: Costs
9.01 In each original Domestic Relations action filed with the Clerk of Court, the Clerk shall collect the sum of $15.00 as cost collected for Domestic Relations Commissioner, being the fee payable to the commissioner in uncontested matters.
9.02 For each hearing after the initial hearing scheduled on a regular Motion Day, the motioning party shall pay in advance the sum of $15.00 with the Clerk of the Court as costs collected for Domestic Relations Commissioner. The fee shall be payable to the Commissioner pursuant to DrR 9.04
In the event the motioning party remands the motion prior to the hearing by notification to the clerk and the Domestic Relations Commissioner, the fee shall be refunded. For Grayson County, the notification must be made by Noon on the Friday before the motion day. For Meade County, the notification must be made by Noon on Tuesday before the motion day.
This payment of fees does not apply to the County Attorney's Office in IVD child support matters or parties proceeding in forma pauperis.
This rule does not preclude the Domestic Relations Commissioner from billing either party additional fees if appropriate.
9.03 In the event the Commissioner bills parties more than the $15.00 fee for a Motion Day hearing, the Domestic Relations Commissioner shall consider the financial resources of both parties and the cause for the motion. The bill shall be sent in care of the party's attorney. The fees shall be paid to the Clerk of the Circuit in which the action is pending within ten days of the hearing.
9.04 The Clerk shall remit to the Commissioner the Commissioner's fees and costs received once each month.
DrR Form 1: Verified Financial Disclosure Statement
COMMONWEALTH OF KENTUCKY
46TH JUDICIAL DISTRICT
__________ CIRCUIT COURT
DIVISION _____
CIVIL ACTION NO.:
 
PETITIONER
VS.
VERIFIED FINANCIAL DISCLOSURE STATEMENT
 
RESPONDENT
******************
I. IDENTIFYING INFORMATION OF BOTH PARTIES
Petitioner
Respondent
Name and Address
Name and Address
 
 
 
 
 
 
Age/Date of Birth
 
Age/Date of Birth
 
II. INCOME AND EMPLOYMENT INFORMATION OF BOTH PARTIES
Petitioner
Respondent
Employer Name
 
Employer Name
 
Gross Monthly Income
 
Gross Monthly Income
 
Other Income
 
Other Income
 
III. MARRIAGE INFORMATION
A. Date and Place of Marriage (County & State)
 
B. Date of Separation
 
IV. CHILDREN‘S INFORMATION:
A. Minor Children Born to Parties:
1. Name, DOB, Age
 
2. Name, DOB, Age
 
3. Name, DOB, Age
 
4. Name, DOB, Age
 
B. Monthly Child Care/daycare expenses Cost
__________
Paid By
 
C. Health Insurance for Children Cost
__________
Paid By
 
D. Either party court-ordered to pay child support for a child born before the children born of this marriage?
Paying Party__________ Amount__________ Number of Children__________
V. SUMMARY OF ASSETS AND DEBTS (for each asset, list type of asset, amount owed and equity)
A. REAL ESTATE
Are you making a non-marital claim? _____ If yes, you must comply with Section VIII(D)(10)
1. Property Address____________________ Map ID__________
FMV__________ Debt__________ Equity__________
2. Property Address____________________ Map ID__________
FMV__________ Debt__________ Equity__________
3. Property Address____________________ Map ID__________
FMV__________ Debt__________ Equity__________
Total Real Estate Equity ____________________
B. VEHICLES (Automobiles, Motorcycles, Boatrs, Trucks, etc.)
Are you making a non-marital claim? _____ If yes, you must comply with Section VIII(D)(10))
1. Year, Make and Model
 
NADA value__________ Amount owed__________ Equity__________
2. Year, Make and Model
 
NADA value__________ Amount owed__________ Equity__________
3. Year, Make and Model
 
NADA value__________ Amount owed__________ Equity__________
Total Vehicle Equity____________________
C. BANK ACCOUNTS (checking, savings, cd's, money market, etc.)
Are you making a non-marital claim? _____ If yes, you must comply with Section VIII(D)(10))
Institution
Type
Balance
1.
 
 
 
2.
 
 
 
3.
 
 
 
TOTAL ____________________
D. STOCKS
Are you making a non-marital claim? _____ If yes, you must comply with VIII(D)(10))
Company Name
Date of Valuation
Value
1.
 
 
 
2.
 
 
 
3.
 
 
 
TOTAL ____________________
E. RETIREMENT ACCOUNTS (IRA, KEOGH, Pension, 401(K))
Are you making a non-marital claim? _____ If yes, you must comply with VIII(D)(10))
Plan name, contributory or non-contributory, vested or non-vested, and balance.
1.
 
2.
 
F. LIFE INSURANCE
Are you making a non-marital claim? _____ If yes, you must comply with VIII(D)(10))
Company Name
Type
Cash Surrender Value
1.
 
 
 
2.
 
 
 
3.
 
 
 
TOTAL CASH SURRENDER VALUE ____________________
G. BUSINESS INTERESTS
Are you making a non-marital claim? _____ If yes, you must comply with VIII(D)(10))
Company name, sole proprietorship, partnership or corporation and value
Company Name
Type
Value
1.
 
 
 
2.
 
 
 
3.
 
 
 
TOTAL VALUE ____________________
H. HOUSEHOLD GOODS
Are you making a non-marital claim? _____ If yes, you must comply with VIII(D)(10))
Agreed Division? _____ Yes, Proposed Division Attached _____ No
OTHER ASSETS
Are you making a non-marital claim? _____ If yes, you must comply with VIII(D)(10))
Description, Fair Market Value, Amount Owed, and Equity
1.
 
 
 
 
2.
 
 
 
 
3.
 
 
 
 
TOTAL VALUE ____________________
VI. OTHER DEBTS NOT PREVIOUSLY LISTED
Name of Creditor
Balance Owed
1.
 
 
2.
 
 
3.
 
 
4.
 
 
5.
 
 
TOTAL ____________________
VII. MONTHLY LIVING EXPENSES SCHEDULE
A.1 Common Expenses for Family
B. Personal Expenses
Food/Groceries
 
Barber, Beauty
 
Church & Charity
 
Prescriptions, Meds
 
Housing
 
Clothing
 
Cable
 
Cosmetics/hygiene
 
Garbage Collection
 
Dry Cleaning
 
Gas &/or Electric
 
Entertainment
 
Homeowner's Ins.
 
Internet
 
Maid Service
 
Life Insurance
 
Mortgage/Rent
 
Newspapers
 
Property Maintenance
 
Magazines & Books
 
Telephone
 
Social Clubs
 
Vet/Supplies
 
Uniforms
 
Yard expense/maint.
 
Insurance
 
Water/sewage
 
Eyeglasses, hearing
 
Medical:
Cellular phone:
 
Dentist
 
Other:
Doctor
 
 
 
Transportation
 
 
 
Gas & Oil
 
 
 
Liability Insurance
 
 
 
License/taxes/tag
 
 
 
Payment/loan
 
Repairs/maint.
 
Cellular phone
 
Other:
 
 
 
 
 
 
 
 
Subtotal
 
Subtotal
 
Grand Total Monthly Living Expenses ____________________
VIII. REQUIRED ATTACHMENTS
To complete this section, you must attach all of the following documents and/or provide the requested information on a separate sheet and attach to this form. In the spaces provided, mark as follows:
A”= to indicate that the requested document/information is attached
U”= to indicate that the requested document/information is unavailable (Provide explanation on a separate page)
N/A” - if not applicable
A. PERSONAL INFORMATION OF BOTH PARTIES
B. INCOME AND EMPLOYMENT OF BOTH PARTIES
_____1. Three (3) most recent paycheck stubs
_____2. Federal Income Tax Return for the last year filed
_____3. State Income Tax Return for the last year filed
_____4. Documentation of all other income for the past 48 months, including source of income and amount of income received year-to-date
C. CHILDREN
_____1. Verification of work-related child care expense
_____2. Verification of cost of health/dental insurance for children's portion (e.g. difference between cost of single and family plan)
D. ASSET SCHEDULES
_____1. Most recent statement of each bank account
_____2. Most recent brokerage statements or documentation of purchase and/or value for each investment
_____3. Explanation of source of cash holdings, location and amount of cash.
_____4. For each piece of real estate, copy of deed, documentation of all indebtedness (i.e. mortgage, home equity loan, liens, etc.) including unpaid balance and payoff (with date payoff amount obtained) for each debt, and current tax assessment
_____5. Declaration page of life insurance policies and documentation of cash surrender values
_____6. Documentation of benefits accrued in pension, profit sharing, 401(k) or other retirement plans, including most recent statements of each such plan and the name, address and phone number of plan administrator
_____7. For each vehicle, provide amount of payoff of any indebtedness (including date payoff amount obtained) and copy of title
_____8. For each business interest, list name of business, extent of interest or title in business (i.e. owner, shareholder, partner, etc.), provide a copy of last income tax returned filed by business and documentation of income earned (or portion received) through business during last twenty-four (24) months)
_____9. Provide a list describing any other assets you have an interest in, including any documentation as to the value of the non-marital interest, date asset was acquired, and source of non-marital interest (trace and document non-martial funds used to acquire each asset)
_____10. NON-MARITAL INTEREST. For each asset in which you claim a non-marital interest, provide the basis and approximate value of non-marital claim. Documentation tracing any non-marital asset shall be produced if available, and if not currently available, shall be produced when available, or as specified by separate court order.
E. DEBT SCHEDULE
_____1. For each debt, provide the last statement or documentation of unpaid balance, or explain why documentation is not available
_____2. For each debt designated as “non-marital,” list the party you think should assume responsibility for said debt and why
F. MONTHLY LIVING EXPENSES SCHEDULE
G. OTHER - provide pertinent information
VERIFICATION
I, __________ declare under penalty of perjury that the information contained herein, including the information provided on any schedules and attachments, is true and accurate to the best of my knowledge, information and belief. Further, I acknowledge that I have read the attached instruction sheet and have followed the instructions to the best of my ability.
COMMONWEALTH OF KENTUCKY
)
) sct.
COUNTY OF_____________
)
Subscribed and sworn to before me by ____________________ on this _____ day of __________, __________.
____________________
Notary Public, KY State at Large
My Commission expires: __________
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was this _____ day of __________, _____, delivered by first class mail postage prepaid, to:
____________________
Attorney
Address
Telephone number with area code
DrR Form 2: Worksheet for Monthly Child Support Obligation
DrR Form 3: Visitation Guideline
VISITATION GUIDELINE
FORM DrR 3
FOR CHILDREN WHO HAVE ATTAINED THREE (3) YEARS OF AGE
1. The First (1st) and third (3rd) weekend of each month. The first weekend is deemed to be the first weekend of each month which includes a Saturday.
The non-custodian parent shall have visitation commencing at 6:00 p.m. Friday and extending through 6:00 p.m. Sunday local prevailing time.
2. Wednesday of Each Week-
The non-custodian parent shall have visitation on Wednesday of each and every week from 5:30 p.m. though 8:30 p.m. of that same evening.
3. Summer Visitation-
The non-custodian parent shall have a total of 4 weeks (not less than 3) summer visitation. Summer visitation shall consist of two separate sessions, which shall be separated by not less than two (2) weeks. The first visitation period shall commence on the second Friday subsequent to the last day of school at 6:00 p.m., and shall terminate fifteen (15) days later on Saturday at 6:00 p.m.
The second visitation period shall commence on the date and time determined by the Domestic Relations Commissioner but shall be for a period of not less than seven (7) days.
4. Christmas Visitation-
For the year in which the Decree of Dissolution is entered, and each alternate year thereafter, the Christmas visitation shall begin at 8 a.m. the day following the last of school immediately prior to the Christmas vacation and shall extend through Christmas Eve at 8 p.m.
The second year, and each alternate year thereafter, visitation shall begin at 8 p.m. Christmas eve and shall extend through noon on New Years Day.
5. Special Occasions-
Regardless of any apparent conflict herein, the father shall have the children on his birthday and on Father's Day. The mother shall have the children on her birthday and on Mother's Day. These visitation periods shall be from 8 a.m. to 8 p.m.
6. Holidays-
Holidays shall be deemed to be: Easter, Memorial Day, Independence Day (July 4th), Labor Day and Thanksgiving.
The father shall have the children with him on Easter, Independence Day and Thanksgiving on each even numbered (2008, 2010, 2012, etc) years, and the mother shall have the children for these same holidays on odd numbered (2007, 2009, 2011, etc.) years.
The father shall have the children with him on Memorial Day and Labor Day on odd numbered (2007, 2009, 2011, etc) years, and the mother shall have the children for these same holidays on even (2008, 2010, 2012, etc.) numbered years.

Credits

HISTORY: Amended effective January 2, 2008.
Breckinridge, Grayson and Meade Circuit Court Add. B, KY R BRECKINRIDGE CIR CT Add. B
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document