Rule 13 Domestic Relations
Baldwin's Kentucky Revised Statutes Annotated31st 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.
(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.
(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.
(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.
(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.
(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.
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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