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Rule DR 5 Domestic relations practice

Baldwin's Kentucky Revised Statutes Annotated19th Judicial Circuit - Fleming, Bracken and Mason Circuit Courts

Baldwin's Kentucky Revised Statutes Annotated
19th Judicial Circuit - Fleming, Bracken and Mason Circuit Courts
Title VI Domestic Relations Cases
KY BFMC DR 5
Rule DR 5 Domestic relations practice
Currentness
5.01 Appearances. Waivers and Agreements
A. Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a clearly identified notary public, the circuit clerk or any of his or her deputies, or any official stenographer of the circuit court.
B. If an entry of appearance is filed and does not waive notice of future proceedings, including the filing of exceptions and the submission for judgment or decree, notice must be given of said proceedings.
C. All agreements and agreed orders shall contain the correct mailing and e-mail addresses for the attorneys and parties.
D. The parties and parties' counsel, if any, must sign all agreements and agreed orders.
5.02 Preliminary Mandatory Disclosure
A. Certification
AOC-238 (Preliminary Verified Disclosure Statement) or any subsequent replacement form requiring the same or similar information shall be filed in the Court record, unless parties or parties' counsel certify in writing that said disclosure has been made in accordance with FCRPP 2(3).
B. Completion in Maintenance/Spousal Support Cases
In cases where maintenance and spousal support are not at issue, any section of a mandatory disclosure form (such as AOC-238 or any subsequent replacement form) requiring the listing of monthly expenses need not be completed.
5.03 Value and Right to Future Payments
In all instances where a pension, retirement plan, profit sharing, deferred compensation or other plan which may lead to future payments exist as property between the parties, the parties shall ascertain an approximate value of all such plans as well as any right to receive future payments.
5.04 Custody Order or Modification of Custody Order or Decree
A. Application for a custody order or to modify a custody order or custody decree shall be to the Court on motion, and affidavits as required by law, with notice to all parties, for hearing by the Court in accordance with procedures established by FCRPP 7, Kentucky Revised Statutes and these Local Rules.
B. The affidavits in support of motion to modify a temporary custody order or custody decree shall, in addition to facts supporting the requested order sought, indicate:
1. The date and recording information of the order or decree sought to be modified;
2. The substance of the order or decree: and,
3. The circumstances or the change of circumstances relied upon by the party seeking the modification.
5.05 Appearance Required Before Entry
Prior to a decree for dissolution of marriage being entered, the parties, in person or through counsel, must appear before the court on a regularly scheduled Motion Day, unless otherwise ordered or permitted by the court. Note: This does not require a trial, but merely an appearance.
5.06 Affidavits
A. Form in Proceedings for Dissolution of Marriage. Legal Separation or Maintenance
Pursuant to FCRPP 3(1), in each proceeding for dissolution of marriage, legal separation or maintenance, an affidavit signed by moving party and notarized must be filed with the complaint and must contain the following:
1. Statement as to whether either party has been previously divorced, or a party to a decree of legal separation or dissolution of marriage, and if so, when and where the decree was granted.
2. Statement as to age and condition of health of affiant.
3. Statement as to whether affiant owns any real estate. If any real estate is owned, give location and value.
4. Statement as to whether affiant is employed, the wages or salary received.
5. Statement of affiant as to his or her other income.
6. Statement as to the age and health of the respondent.
7. Statement of affiant as to whether respondent owns any real estate, and as to whether he/she is employed.
8. Statement as to whether any children were born of this marriage, giving the place of residence, sex and date of birth of any such children, and the name(s) of the custodian(s) of said children.
9. Statement as to whether respondent is now or has been in active military service of the United States at any time during the pendency of this action.
10. If a woman, whether now pregnant.
11. The questionnaire form required by the State Department of Health, pursuant to KRS 213.340, shall be filed with the affidavit.
B. Three Day Affidavit
An affidavit must be signed by moving party and notarized within three (3) days before judgment is tendered and be filed with the judgment containing statement as to whether any material change in the circumstances of either party has occurred since the first affidavit was executed and since the taking of proof as would cause any witness herein now to testify differently and whether any resumption of normal marriage relationship has occurred, and if a woman, whether now pregnant.
5.07 Emergency Notice for Custody. Maintenance, or Support
In addition to the requirements of FCRPP 5, FCRPP 7 and FCRPP 9, parties shall adhere to the following:
A. In an emergency for temporary order for custody, maintenance, and support or to modify and review same, a party on motion, with such notice as practicable, supported by affidavit of movant stating facts to establish the emergency, may move the Court, in person or by counsel, for order of emergency temporary custody, maintenance, or support for a period of up to thirty (30) days.
B. Affidavit of movant must fully explain the need for emergency custody, maintenance and/or support, and if applicable, why notice could not be given.
C. Such motions may be heard at any time in term or out of term at any location in the 19' Judicial Circuit.
D. Any motion for maintenance or support must be accompanied by a child support worksheet and an affidavit of the moving party setting forth the number of children of the marriage and the income of the parties.
5.08 Child Support
Child support shall be determined pursuant to the support guidelines established in KRS 403.212, with exceptions for good cause shown, in addition to the requirements of FCRPP 9.
5.09 Visitation Rules
A. Pursuant to FCRPP 8(1), a parent shall be entitled to time-sharing/visitation as ordered by the court, unless otherwise agreed to by the parties or ordered by the court.
B. The Local Time-Sharing/Visitation Guidelines are set forth as Appendix B to these Rules. The Guidelines set forth in Appendix B are not default provisions.

Credits

HISTORY: Adopted effective April 29, 2012. Amended effective April 15, 2014.
Bracken, Fleming and Mason Circuit Court DR 5, KY R BRACKEN CIR CT DR 5
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document