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Rule 13 Domestic Relations

Baldwin's Kentucky Revised Statutes Annotated31st Judicial Circuit - Floyd Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
31st Judicial Circuit - Floyd Circuit Court
KY RFLC Rule 13
Rule 13 Domestic Relations
(a) The Domestic Relations Commissioner shall hear all contested and uncontested matters arising from actions for dissolution of marriage, child custody, support, and maintenance under KRS Chapter 403, except that incarceration resulting from a finding of contempt shall be imposed only after a hearing before the Court at which time the Court shall permit additional evidence and shall give the party charged with contempt an opportunity to purge themselves of such contempt.
(b) Proceedings for restraining orders and injunctions shall be heard only by the Court on recommendation by the Commissioner.
(c) All post judgment motions in Domestic Relations matters to enforce or modify a final decree of child support, custody, visitation, maintenance or disposition of martial property shall be referred to the Domestic Relations Commissioner, who shall conduct a hearing upon the motion and then make recommendations to the court. The recommendations shall be in the form of a proposed order which shall be signed by the Domestic Relations Commissioner.
(d) Petitions for adoption or termination of parental rights will not be referred to the Domestic Relations Commissioner.
(e) The Domestic Relations Commissioner shall preside over all hearings concerning temporary orders for child custody, visitation, support and maintenance and then make recommendations to the court. The recommendations shall be in the form of a proposed order and be signed by the Domestic Relations Commissioner.
(f) The Domestic Relations Commissioner shall make his final findings and recommendations forty-five (45) days from the date an action is submitted.
(g) Prior to the filing of a motion requiring a hearing in excess of fifteen (15) minutes to be heard before 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 and inform the Domestic Relations Commissioner of the anticipated length of the hearing.
(h) The time and date and place of the hearing shall be included in the notice served upon the opposing parties.
(i) If the matter to be heard is resolved prior to the time of a hearing, the Domestic Relations Commissioner shall be promptly notified.
(j) The Domestic Relations Commissioner shall be entitled to compensation for matters heard by or referred to the Commissioner in the amount of Forty ($40.00) Dollars for each hour.
(k) The fees shall be prorated to the quarter hour.
(l) A Domestic Relations schedule shall be filed within fifteen (15) days from the filing of a petition. The Respondent may refute this in the answer with a sworn counter disclosure statement or the Petitioner's itemized listing will be accepted as agreed or stipulated.
(m) An original and one (1) copy of all motions shall be filed. The original shall be placed in the Court file and the copy placed in the Domestic Relations Commissioner's box.
(n) Motions may be sustained if they appear in order and there is no response.
(o) That pursuant to the Administrative Procedures of the Court of Justice, Part IV, Section IV, the Domestic Relations Commissioner shall be entitled to receive a fee of forty dollars ($40.00) per hour, assessed at a rate of ten dollars ($10.00) for every quarter hour or part thereof. The Domestic Relations Commissioner shall be entitled to collect the sum of ten dollars ($10.00) in advance of conducting a hearing upon any motion filed. The Clerk shall collect the ten dollar ($10.00) fee for the Domestic Relations Commissioner when each motion is filed. The payment of the ten dollar ($10.00) fee in advance will entitle the party to a hearing of no more than one-fourth (1/4) of an hour.
(p) The fee shall be collected upon each motion whether filed separately or together.
(q) The title shall separately list each motion.
(r) The Commissioner shall assess such additional fee as is necessary in matters which exceed the anticipated times.
(s) Fees shall not be required from a party proceeding in forma pauperis.
(t) The maximum fee which may be accessed by the Domestic Relations Commissioner in any case, regardless of the number or length of hearings, shall be six hundred dollars ($600.00), unless a greater fee is recommended by the Circuit Court and approved by the Chief Justice for extraordinary circumstances shown. If a case is reopened, additional fees totalling not more than two hundred dollars ($200.00) may be accessed unless a greater fee is recommended by the Circuit Court and approved by the Chief Justice for extraordinary circumstances shown.
(u) Final hearings may be scheduled by approved appointment with the Commissioner's office.
(v) The Commissioner shall record all hearings.
(w) Any case in which the Domestic Relations Commissioner withdraws due to a conflict shall be heard by the Master Commissioner or Special Commissioner as the Court may designate. The case shall be designated under the case name as “Assigned to Master Commissioner or Special Commissioner”.
(y) Nothing contained herein shall prevent an individual from proceeding with pro se representation and said individual proceeding pro se shall comply with the same provisions as if he or she were represented by an attorney.

Credits

HISTORY: Amended effective January 7, 1998.
Floyd Circuit Court Rule 13, KY R FLOYD CIR CT Rule 13
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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