Rule 7. Domestic relations practice
Baldwin's Kentucky Revised Statutes Annotated16th Judicial Circuit - Kenton Family Court
KY RKFC Rule 7
Rule 7. Domestic relations practice
All original pleadings and exhibits in a dissolution action shall be filed with the clerk of the court, as allowed by law. See FCRPP 2(1) for a list of pleadings and exhibits.
The parties shall sign and return specific releases for relevant information and documents unless objected to in writing. Such releases shall contain a provision directing that any information and/or documents provided in writing to the requesting counsel or pro se party shall simultaneously be transmitted to the other counsel or pro se party, at requesting party's expense. Upon objection, the requesting party may file a motion to compel.
Pursuant to FCRPP 3(5), in all proceedings for the dissolution of marriage in which children of the marriage are minors, or in any custody proceeding, the court may order the parents or custodians and children to participate in counseling or divorce education, which shall be at the expense of the parties.
d. Pursuant to FCRPP 9(5), the notice of hearing accompanying a motion for temporary support shall contain the following statement: “You must file with the Court, at least 24 hours prior to the time of the hearing, a completed child support guidelines worksheet and copies of your last three pay stubs or, if self-employed, proof of your current income.”
e. Pursuant to FCRPP 5(1), a motion for temporary maintenance shall be accompanied by copies of the movant's last three pay stubs or, if movant is self-employed, proof of the movant's current income, and by an affidavit setting forth movant's monthly expenses and income and the monthly income of the party from whom maintenance is sought.
f. Pursuant to FCRPP 5(2), the notice of hearing accompanying a motion for temporary maintenance shall contain the following statement “You must file with the Court, at least 24 hour prior to the time of the hearing, a responsive affidavit setting forth your net monthly income and expenses and attach copies of your last three pay stubs or, if self-employed, proof of your current income.”
g. Any ex parte motion shall be accompanied by a supporting affidavit sufficient to state grounds for injunctive relief, and if granted, shall be set for hearing with all parties at the earliest available date. Any pendente lite motions shall be served on the opposing party and set for a hearing before the court unless otherwise agreed to by the parties.
h. The parties are referred to the Standard Holiday/Vacation Parenting Guidelines as found in Appendix C. This shall not be used as a default schedule but shall be used as a basis upon which to determine a shared custody /visitation schedule that is in the best interest of the children and family. The Court's final order may or may not contain all or some parts of this schedule.
See FCRPP 2(6) for rules relating to case management conferencing and potential mediation. Pursuant to FCRPP 2(6)(f), in the event of failure of a party or parties to appear at the conference, the court may, in accordance with its order, conduct a hearing in which proof may be taken or the case dismissed, as the court may determine appropriate.
All motions to modify support shall comply with the requirements of FCRPP 9(5) and 9(6).
All motions to modify support shall comply with the requirements of FCRPP 5.
b. Each party shall certify in his or her Preliminary Verified Disclosure Statement that documentation supporting the information in the statement is available for the opposing party's inspection and copying at the requesting party's expense, as of the date of service of the Statement on the opposing party in compliance with FCRPP 2(4).
d. Except with leave of Court for good cause shown or by agreed order, a party shall not conduct formal discovery pursuant to CR 30, CR 31, CR 33, CR 34 or CR 36 relative to matters addressed in the Preliminary Verified Disclosure Statement until that party's Statement has been served in accordance with this Rule.
The parties shall follow the following procedure for uncovered medical expenses unless there is an Agreed Order or other Order signed by the judge.
a. The parent that incurs the uncovered medical expense shall notify the other parent within 30 days in writing with supporting documentation of the amount that the other parent owes. The parent that owes the uncovered medical expense must pay the balance in full within 30 days of receipt of the request for payment or in writing challenge the expense within the 30 day period.
b. For a single out of pocket expense totaling more than $100.00 net, that is not an emergency, the parent incurring the expense must give the other parent 30 days notice of the expense. This provides the parent that owes reimbursement to have the opportunity to contact the provider to make arrangements for his or her share of the payment and to have the right to a second opinion.
A fee of $50.00 shall be paid by the movant in domestic relations cases reopened after six months from the entry of the decree for the purpose of modifying the decree. This does not include motions in 42 U.S.C. Title IV-D cases for child support enforcement. The clerk shall collect any fee upon the filing of the motion, unless the movant is proceeding in forma pauperis.
702.01. If parties reach an agreement on all issues, a decree of dissolution may be obtained without a hearing by filing a motion or agreed order to submit for decree of dissolution of marriage with all the information and attachments identified in FCRPP 3(1). Original copies of all information and attachments shall be filed with the clerk in the county of origin, and a courtesy copy shall be submitted to the judge at his or her primary office if it is not located in the court facility where the case file is located; and, a decree shall not be final until the original is signed by the court and entered by the clerk.
a. Testimony in an uncontested dissolution proceeding may be taken by oral testimony before the Court or by deposition upon written questions in extraordinary cases where leave of court is granted. It is the obligation of each attorney, or each party if unrepresented by an attorney, to ascertain the procedure used by each Family Court Judge to finalize uncontested divorces.
702.04. When submitting any order, agreed order or decree pursuant to KCFLRP 702, the party submitting the order, agreed order or decree shall also submit a sufficient number of copies of those documents together with properly addressed stamped envelopes to permit the Clerk to complete service thereof to the parties.
Pursuant to FCRPP 3(3)(b), no later than 10 days prior to the hearing, the parties shall file an AOC-239, Final Verified Disclosure Statement, in the record if property matters are in dispute at that hearing. Additionally, pursuant to FCRPP 3(3)(c), a copy of AOC-239, Final Verified Disclosure Statement, together with any supporting documentation, shall be provided to the opposing party's attorney or the pro se party within 30 days of the filing of the motion for hearing, unless the hearing date is set within 30 days of filing the motion for the hearing, upon which disclosure shall be at the order of the court.
A contested hearing is one in which the parties have not agreed upon the division of property, debts, custody, support or any one of the elements necessary to dissolve the marriage, and the taking of evidence to permit the Court to render a determination is necessary. Testimony in a contested dissolution proceeding shall be heard orally by the Court, except the testimony of any non-party witness, by agreement between the parties or with leave of court, may be taken by deposition and introduced at the hearing in lieu of the deponent's oral testimony. The deposition shall have been filed in the record not less than 24 hours in advance of trial.
A party seeking a contested trial date shall file a motion for trial. The trial shall not be continued except as otherwise ordered for good cause shown on the record.
Pursuant to FCRPP 3(4)(b), in the trial order, the court shall order parties to exchange the list of exhibits to be submitted at trial. Absent good cause shown, failure to provide an exhibit list may result in the exclusion of such exhibit at trial.
Pursuant to FCRPP 3(4)(a), a court-appointed expert's report shall be in lieu of live testimony, unless either party subpoenas the expert to testify or unless the court orders otherwise. The party who subpoenas the expert shall be responsible for paying the expert's fee for appearance at trial, unless otherwise ordered by the court.
The failure of a party to comply with this Rule may result in such Orders as are just, including, but not limited to, the following:
Pursuant to FCRPP 8, a parent shall be entitled to time-sharing/visitation as ordered by the court, which may be in accordance with the Standard Holiday/Vacation Parenting Guidelines or the Model Time-Sharing/Visitation Guidelines, unless otherwise agreed to by the parties or ordered by the court. Model Time-Sharing/Visitation Guidelines are set forth in Appendix C to these Rules.
Credits
HISTORY: Amended effective June 8, 2020. Adopted effective December 2, 2008. Amended effective April 11, 2012.
Kenton Family Court Rule 7, KY R KENTON FAM CT Rule 7
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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