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Chapter IV Civil Proceedings-Domestic Relations

Baldwin's Kentucky Revised Statutes Annotated10th Judicial Circuit - Larue, Hart and Nelson Circuit Courts

Baldwin's Kentucky Revised Statutes Annotated
10th Judicial Circuit - Larue, Hart and Nelson Circuit Courts
KY RHLC Ch. IV
Chapter IV Civil Proceedings-Domestic Relations
A. Domestic Relations Commissioner-There shall be Domestic Relations Commissioners assigned to the Tenth Judicial Circuit, who shall possess the qualifications required by Civil Rule 53.03(2). The Commissioners shall hear evidence concerning contested and uncontested matters arising from actions for dissolution of marriage, child custody, support and maintenance under KRS Chapter 403, except actions requesting incarceration for contempt of court, restraining orders, or injunctions, which shall be heard only by the presiding judge.
A commissioner shall have those powers and authorities in the conduct of hearings as set out in Civil Rules 53.04 and 53.05.
Upon the filing of any Domestic Relations action, the case will automatically be assigned to the Commissioner of the Court in which said action is filed.
B. Motion Hours:
(1) LaRue County - The Domestic Relations Commissioner's docket shall be the second and fourth Mondays of each month and each call shall begin at 10:00 A.M.
(2) Hart County - The Domestic Relations Commissioner's docket shall be on the second and fourth Tuesdays of each month and each call shall begin at 10:00 A.M.
(3) Nelson County - The Domestic Relations Commissioner's docket shall be on the first and third Wednesdays of each month and each call shall begin at 10:30 A.M.
C. Motion and Notice - Motions in active cases shall be noticed and heard in the same manner specified in Chapter III, Subsection C of these Local Rules. All post final judgment motions shall initially be brought by show cause rule with service to be perfected on the party as set forth in CR 4.04.
The length of hearings on motion days shall be subject to those time limitations set forth under Chapter 1, subsection C (7) of these Local Rules. Any hearing that will exceed those time limitations shall be assigned for hearing at a specific time other than motion hour.
Copies of all motions with attached required fee (Appendix 1) shall be provided to the Commissioner by mailing or delivering same to the Commissioner at his/her office.
D. Uncontested Actions for Divorce or Legal Separation:
(1) For purposes of this rule, an “Uncontested Action” is defined as follows:
(a) An action in which there has been filed a Separation Agreement executed by both parties, and in which no motion to set aside that agreement is pending;
(b) An action in which the respondent is before the Court only by Warning Order Service of Process, the Warning Order Attorney's Report has been filed, and the moving party is requesting only dissolution of the marriage, custody of children over which this court has jurisdiction and/or division of property located in Kentucky;
(c) An action in which the respondent has been served with process pursuant to Civil Rule 4.01 and has filed no responsive pleading, and in which the moving party is requesting only limited relief.
(2) Uncontested actions may be heard orally by the Domestic Relations Commissioner during motion hour.
(3) If proof in an uncontested action is taken by deposition or interrogatory pursuant to Civil Rule 53.03(5), a motion to submit need not be noticed for a regular motion hour, but may be tendered to the Commissioner for filing in the clerk's office.
(4) Any motion to submit any uncontested action must be accompanied by (a) the proposed “Findings of Fact, Conclusions of Law, Judgment and Decree” which the moving party desires the Court to adopt; (b) a proposed Report of the Commissioner recommending adoption of the proposed “Findings of Fact, Conclusions of Law, Judgment and Decree,” and, the Commissioner's Fee of $15.00.
(5) If there is a Separation Agreement in the file which has been executed by both parties and no motion is pending to set aside that agreement, the parties will be deemed to have waived the right to file objections or exceptions to the Commissioner's Report and the Report shall be submitted to the presiding Judge for immediate consideration.
(6) Any Separation agreement or agreed judgment providing for a child support obligation shall include as an attachment thereto a Commonwealth of Kentucky Worksheet for Monthly Child Support Obligation along with a copy of the IV D Order or the FOC Order, whichever applies. If the child support obligation established in the separation agreement or agreed judgment does not correspond to the Child Support Guidelines contained in KRS 403.212(6), the agreement or judgment must state the reason for deviation from the Guidelines.
E. Contested Actions for Divorce or Legal Separation:
(1) Upon the filing of a contested action for divorce or legal separation involving minor children, Local Rules visitation, as set forth in Subsection J, shall be deemed in effect.
(2) Upon the filing of a contested action for divorce or legal separation, neither party shall transfer nor dispose of any property. Each party shall keep track of current and ongoing income and expenses and shall not remove any minor child from the jurisdiction.
(3) In each contested action for divorce or legal separation, the parties shall file a Verified Disclosure Statement (VDS) no later than forty (40) days after the filing of the Petition. Each party shall have 15 days thereafter to Amend or Supplement their respective VDS. Any amendment thereafter can be made only by proper motion and ruling by the Court. The disclosure statement shall be in the attached form. (Appendix 2). No motion for mediation may be filed by a party until such time as their VDS has been filed. Any party not complying with the provisions of this paragraph shall be responsible for the fees of the mediation and associated costs.
(4) Failure of a party to file a completed disclosure statement at least ten (10) days prior to mediation could result in sanctions deemed appropriate by the Domestic Relations Commissioner.
F. Pendente Lite Motions:
(1) Pendente lite motions for custody or child support shall be brought pursuant to KRS 403.270 et.seq., and noticed in accordance with the other provisions of these Local Rules relating to the notice of motions for hearing on motion days.
(2) Any pendente lite motion for child support shall be accompanied by the filing party's most recent wage information, cost of minor child's insurance information and child care information, if any. In cases where both parties' wage information is available to the filing party the motion shall also be accompanied by a completed Child Support Worksheet. Any agreed order setting pendente lite child support, shall be accompanied by a completed Child Support Worksheet.
G. Mediation:
Prior to setting a final hearing date, the Domestic Relations Commissioner shall require the parties to attend mediation. Mediation is mandatory unless extraordinary relief is granted by the court. A trial date will not be granted until mediation is completed or waived by the court. Rules governing mediation are contained herein in Chapter VII-Alternative Dispute Resolution.
H. Motions to Set for Trial:
If the parties are unable to settle any issue at mediation, either party shall be allowed to file a motion before the Domestic Relations Commissioner to set the case for trial.
I. Trial Dates:
Contested actions, as well as hearings on lengthy pendente lite and post-judgment motions, will be set for trial on a date and at a time to be determined by the Commissioner. A motion for trial shall certify the estimated length of time required for the hearing. The motion shall be accompanied by a Commissioner's Report as set forth in Appendix 1 and advancement of one-half (1/2) of the Commissioner's fees ($60.00 per hour) for the time certified. Opposing party shall pay their one-half (1/2) at the time the trial date is set. The Commissioner may, at his/her discretion, order a Pretrial Conference prior to the setting of a hearing or trial date.
J. Trials:
No later than fourteen (14) days prior to the trial date, the parties shall exchange witness lists and exhibits expected to be introduced at trial. Failure to make these disclosures may result in the exclusion of witnesses and exhibits at trial, or other appropriate relief, in the discretion of the Commissioner.
K. Presentation of Evidence:
(a) All contested actions shall be tried orally before the Commissioner, except that the following testimony may be taken by deposition:
(1) Those witnesses listed in CR 32.01(c); and
(2) Those witnesses listed in 403.290(2). Reports of 403.290(2) experts and reports of other court ordered experts of the opposing party are admissible.
It is provided, however, that should the Commissioner find pursuant to motion by either party that there is good cause to permit other evidence to be presented by deposition or interrogatories, he/she may enter an order permitting proof to be taken in that manner.
(b) Cases heard orally shall be recorded either by video tape or audio tape. Depositions and interrogatories shall be on 8-1/2 x 11 inch paper, shall be typewritten in pica sized type, and double spaced.
(c) No motion for pendente lite maintenance will be considered by the Commissioner absent the filing of a completed Verified Disclosure Statement by the movant.
L. Briefs/Statements of Desired Findings, Conclusions and Judgment:
(a) Following the trial, the Commissioner may require the parties to submit briefs or desired findings, etc. and may set reasonable time limits for the filing of these documents.
M. Commissioner's Report:
(1) Contents and Filing-The Commissioner shall prepare a Report of his/her recommendations to the Court on any matter submitted to him/her within sixty (60) days, including findings of fact and conclusions of law where required by law. The Commissioner's Report shall be filed with the Clerk of the Court who shall henceforth serve notice of the filing and a copy of the Report upon all parties who have appeared in the action.
(2) Action on the Report - Within ten (10) days after being served with Notice of the filing of the Report, any party may serve written objections or exceptions thereto upon the other parties. If no objections or exceptions are filed, the Report shall be automatically submitted to the presiding Judge on the eleventh day after the notice of the filing of the Report was served on the parties. If objections or exceptions are filed, the party filing the objections or exceptions shall notice them for hearing on the next available motion hour. After hearing, the presiding Judge may adopt the Report or modify it, or may reject it in whole or in part, or may recommit it to the Commissioner with instructions.
N. Commissioner's Fees:
(1) The Commissioner may apportion fees as appropriate pursuant to KRS 403.220.
(2) The Commissioner's fees shall be pre-paid to the Commissioner as set forth above. Any remaining billing shall be due upon receipt.
(3) No motion shall be heard by the Commissioner where a copy of said motion is not pre-filed with the Commissioner and accompanied by the Commissioner's fee of $20.00.
(4) All actions involving indigents shall be heard by the Commissioner without a fee.
O. Motions for Contempt of Court, Restraining Orders or Injunctions:
These motions will be heard by the presiding Circuit Judge.
P. Orders:
All Orders shall be accompanied by a tendered “Report” of the Commissioner recommending that the “Order” be signed by the presiding Judge.
Q. Parents Education Clinic (Nelson County only)
Each parent with minor children must attend a Parents Education Clinic. Failure to attend prior to dissolution will result in denial of the motion for dissolution if by movant and contempt if by the non-moving party.
R. Visitation:
If the parties are living within one hundred miles of each other, then the following visitation schedule shall apply in the absence of an agreement or order of this Court, except for good cause being shown. Neither party shall be prejudiced at the hearing by application of the prehearing visitation schedule requirement.
(1) Periodic Visitation:
(a) Weekends: Alternate weekends from Friday at 6:00 o'clock P.M. until Sunday at 6:00 o'clock P.M.
(b) Telephonic: One hour per week. Each party shall make available the telephone number where the child can be reached while the child is with that party.
(c) One Evening during the week (either Tuesday, Wednesday or Thursday) after the weekend visitation from 4:00 p.m. to 9:00 p.m.
(2) Holidays - In odd numbered years, the Petitioner has Easter and Christmas Day from 9:00 a.m. until 7:30 p.m. The Respondent has July 4th, Thanksgiving and Christmas Eve from 9:00 a.m. to 7:30 p.m. In the even numbered years, the schedules are reversed. Memorial Day and Labor Day attach to the preceding weekend and end at 7:30 p.m.
(3) School Breaks
(a) Traditional School Calendar - Except as otherwise provided herein, each party shall enjoy visitation for one-half of the Spring and Christmas school breaks. In even numbered years, the Petitioner shall enjoy visitation for the first one-half of each break period with the Respondent to enjoy visitation in the second half. In odd numbered years, the schedule shall be reversed.
(b) Year Round School - Except as otherwise provided herein, each party shall enjoy visitation for one-half of the Spring, Fall, and Christmas school breaks. In even numbered years, the Petitioner shall enjoy visitation for the first one-half of each break period with the Respondent to enjoy visitation in the second half. In odd numbered years, the schedule shall be reversed. The minority custodial parent shall be entitled to exercise one-half of the spring and fall break even if the child/children is required to attend intercession classes. Calculation of the length of the break is from the first day off school to the last day before school starts, less Christmas and Christmas Eve. Break visitation shall apply to children of all ages unless otherwise ordered by this Court after appropriate motion. If the child is not in school, the calendar of school system where the child primarily resides shall control.
(4) Terms:
(a) A holiday that falls on a weekend should be spent with the parent who is supposed to have the child/children for that holiday. The rest of the weekend is to be spent with the parent who would normally have that weekend. These do no have to be made up.
(b) Mothers Day and Fathers Day are to be spent with the appropriate parent. Hours are as agreed or 9:00 a.m. to 7:30 p.m.
(c) Birthdays-Preferably, the child shall spend time with each parent on the child's birthday. If the parties are unable to agree, then the child shall celebrate his/her birthday in the home of the majority custodial parent, unless it falls on a visitation date.
(d) The child/children and majority custodial parent have no duty to await the visiting parent for more than thirty minutes of the visitation time. A parent who is late forfeits visitation for that time period.
(e) The following shall control cancellations: If a child is ill, the majority custodial parent should give reasonable notice to the other parent and be prepared to provide medical documentation. Time lost for the child's illness shall be made up. The minority custodial parent should give twenty-four hour notice of intent to cancel. The time canceled by the minority custodial parent is forfeited.
(f) The majority custodial parent shall send appropriate clothing for the visitation which shall be returned.
(5) Summer Vacation - The summer vacation period shall include three (3) weeks visitation each year as follows: The non-custodial parent shall exercise visitation on the first, third and fifth full week of the child's vacation from Sunday 12:00 p.m. to Sunday 12:00 p.m. The majority custodial parent shall have the balance of vacation period. Each party must give the other notice by May 1 of vacations or special plans for the child/children if there is a scheduling conflict to see if an alternate agreement can be reached.
The following conditions apply during summer and extended visitations:
(a) Summer school necessary for the child/children to pass to the next grade must be attended.
(b) A general itinerary should be provided for the parent if vacation will be out of town.
(c) Each party will have telephone numbers and addresses for contact during periods of extended visitation.
(d) Each parent shall be entitled to telephonic visitation one evening each week during the extended summer visitation.
(e) Summer and extended visitation shall replace regularly scheduled visitation for that time period.
(6) Transportation-Each party shall be responsible for the transportation cost and for transporting the child/children to their own home.
S. Child Support - All child support shall be paid through the Friend of Court or the Division of Child Support unless otherwise ordered by the Circuit Judge. If child support is paid through the Friend of the Court, the parties shall use the attached Order Setting Child Support (Appendix 3).

Credits

HISTORY: Amended effective January 27, 2005.
Hart, Larue and Nelson Circuit Court Ch. IV, KY R HART LARUE CIR CT Ch. IV
Current with amendments received through January 1, 2018
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