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Rule 7 Domestic relations practice

Baldwin's Kentucky Revised Statutes Annotated17th Judicial Circuit - Campbell Family Court

Baldwin's Kentucky Revised Statutes Annotated
17th Judicial Circuit - Campbell Family Court
KY RCFC Rule 7
Rule 7 Domestic relations practice
Currentness
A. At the time the Verified Petition for Dissolution is filed pursuant to KRS 403.150, a Preliminary Financial Disclosure Statement (form AOC-238) shall be exchanged pursuant to FCRPP 2(3). A response to the petition shall be filed within twenty (20) days after service of the petition and financial disclosure affidavit.
B. Counsel and/or pro se litigants shall contact the Family Court staff for any necessary pretrial dates. A brief hearing will be held at the pretrial, and if necessary, a hearing date shall be granted. Parties will receive a Trial Order at the pretrial hearing. The Court reserves the right to cancel or postpone a scheduled trial or hearing for failure to file the requisite memorandums as ordered in any Trial Order.
C. It is the policy and request of the Family Court to use the terms “shared parenting” and “parenting time.”
D. Pursuant to FCRPP 3(5), families involved in a contested custody or dissolution proceeding where there are minor children may be ordered to participate in the Families in Transition (FIT) program. Information regarding FIT providers may be obtained from the Family Court staff.
1. In the event the Court orders the parties to attend FIT, the parties must register for the program within sixty (60) days.
2. Failure to attend FIT may result in delay of Court action and/or the assessment of costs or attorney's fees, or any other appropriate sanctions for contempt of court. Furthermore, any party not designated as the primary residential custodian may be denied visitation with the minor child(ren) until the party files a certificate indicating completion of the FIT program.
E. Pursuant to FCRPP 2(6)(a), all parties to any proceeding (including post-decree), except as provided under KRS 403.036 may be ordered to participate in mediation.
1. If the parties are ordered by the Court to attend mediation, but are unable to resolve all issues through mediation, they shall contact the Court within ten (10) days to schedule a case management conference. At least seven (7) days prior to the conference, each party shall file any related motions, stipulations, or agreements reached as a result of the mediation. 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.
2. Mediators will, to the extent possible, be available at a reduced rate during the Open Docket on Monday afternoons from 1:00 p.m. until 4:00 p.m.
F. Pursuant to FCRPP 9, the parties may refer to the FCRPP Model Time Sharing/Visitation Guidelines as a guideline in deciding minimum parenting time.2
G. In the event of a Final Hearing, Findings of Fact and Conclusions of Law and the Decree of Dissolution shall be prepared by counsel, and a “prepared by” designation included on all documents.
1. One (1) additional copy of the Findings of Fact and Conclusions of Law and the Decree of Dissolution shall be presented to the Court immediately before a final hearing.
H. CHILD SUPPORT
1. Pursuant to FCRPP 9, any motion for child support and any response thereto shall be accompanied by a Kentucky Child Support Guideline Worksheet and an affidavit regarding the pertinent facts attached thereto. All child support orders shall be in strict compliance with the guidelines, unless shared parenting time exceeds forty percent (40%). All child support shall be paid by wage assignment. Any dispute may be referred to mediation.
2. A child support worksheet shall be attached to all orders and agreements where child support has been ordered by this Court and/or agreed to by parties in a case that is before this Court. In the event the parties have, by agreement or otherwise, deviated from the Kentucky Child Support Guidelines, a statement explaining the reason for said deviation shall be included in the order.
3. In cases where shared parenting exceeds forty percent (40%), the Court in its discretion may apply the “Colorado Rule.”3
I. POST-DECREE LITIGATION
1. All post-decree motions in cases that have been inactive for a period of six (6) months or more shall be assessed a re-opening fee of $50.00 upon the filing of the motion. The Court reserves the right to postpone or cancel any related hearing date for failure to pay said re-opening fee. FCRPP 14(1).

Credits

HISTORY: Amended effective February 3, 2004; June 12, 2012.

Footnotes

2
See Appendix B.
3
See Appendix C.
Campbell Family Court Rule 7, KY R CAMPBELL 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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