Welcome to Tip of the Week! Judicial officers will offer a tip each week for members of the Family Law Section. Feel free to send suggestions to Mag. Kim Mattingly at email@example.com.
By Mag. Kimberly Dean Mattingly, Marion Superior Court
- Kudos to a regular reader of the Tips: DawnMarie White! She authored the first proper Motion to Continue after I ran the Tip about numbering them, 7 days prior, noting opposing counsel’s objection, etc. She even included her affidavit regarding the conflict on her calendar! If you’d like to emulate her style (classy lawyer-speak for copy and steal her form), check out 49D07-1706-MI-023184.
- Here is a flyer from JLAP about a free Grief Support Group. The program is for lawyers and judges facing any kind of loss in their lives, so take advantage and be sure to share with your friends colleagues in other practice areas.
- Please do not submit an order simply titled “Order.” The trial rules require a description in the title of a motion and the order of the relief sought. Odyssey contains many, many codes for types of orders for Clerks to use. This will make it easier to see on the CCS the purpose of an order without clicking on it and opening the document. Maybe your internet pipeline runs at light speed, but our does not, so help us out.
- Repeat Tip: Do not submit an “Amended QDRO” without either an explanation or the signatures of the parties and counsel. I will compare it to the first one to see if I can find the difference, but if I can’t then I won’t approve it. I am aware that the Plan probably rejected the first one, but I do not want to run the risk (however small) of a payout being done twice.
- Reminder: Paternity can only be established two ways. One is the paternity affidavit (the State Board of Health form) and the other is a court order. Beware, however: simply adding a paragraph to a divorce decree that says “parties agree that Husband is Father of child” is not sufficient. You need all of the required statutory factors to establish paternity, and most importantly, establishing paternity must be part of the title of the Agreement/Decree (see #3 above).
- Court agency update: the Family Resource Center is preparing to move into the current DRCB location on the 5th floor of the East Wing. Mellisica Flippen, the longtime head of the FRC, is now Director of the combined agency and we are working on several changes that will improve existing programs and offer new services. Stay tuned to the Tip of the Week and/or plan to attend an IndyBar CLE (free to Plus members) on the topic on April 10.
Stay tuned for a new tip next week!
If you would like to submit content or write an article for the Family Law Section page, please email Kara Sikorski at firstname.lastname@example.org.