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Family Law Tip of the Week: Various Tips and Court Assignments - Family Law News

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Family Law News


Posted on: Jan 23, 2019

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 kimberly.mattingly@indy.gov.

By Mag. Kimberly Dean Mattingly, Marion Superior Court

Here are 2019’s Courtroom Assignments (elected judges) and Mag/Comm Schedule for Marion County.
 
Third, a handful of tips now that the holiday slowdown is over:

  1. You cannot vacate a hearing by leaving a message on voicemail for a Court.  Courts get far fewer calls now that our work is electronic; many staffs do not regularly check voicemail anymore.
  2. Do not ask the staff when an Order will be signed or what the Judge is waiting on.  Even if they  know the answers to those questions, they won’t tell you.  We know your clients are eager for resolutions to their cases; we are just as eager to get our work out, trust me.  Don’t put the staff in the middle.
  3. Proposed Orders will NOT appear on MyCase.  Save your staff the bother of calling court staff to ask why it is not showing up on your end.  It will not appear until ruled on by a Judicial Officer.
  4. Pleadings that have been faxed around for signatures are often not legible when we get them in Odyssey.  Please scan in the original copy whenever possible.

Fourth, the search continues for the extra word in this week’s Local Family Law Rule.  Remember, they will form a 13-word sentence after they have all run:
 
LR49-FR00-504. FINANCIAL DECLARATION FORM
A. Requirement. In all family law matters, the initiating party shall complete, serve and file a
Financial Declaration Form within 30 days of filing a Petition for Dissolution of Marriage, Legal
Separation or to Establish Paternity or a Petition for Modification of Child Support or at least seven
days prior to any hearing, whichever is sooner. A blank form shall be served upon the responding
party with the summons or order to appear instructing the respondent to complete, serve and file the
form within 30 days of receipt or at least seven days prior to any hearing, whichever is sooner.
Failure by any party to submit the Verified Financial Declaration Form as required shall preclude
him or her from presenting evidence as to those matters contained in the Verified Financial
Declaration Form, except for good cause shown. These time limits may be amended by court order for
good cause shown.
B. Exceptions. The Financial Declaration Form need not be exchanged if:
1. The parties have obtained leave of court; or
2. The parties have a signed agreement; or
3. The proceeding is one in which the service is by publication and there is no
response; or
4. The proceeding is post-decree and concerns issues without financial implications. Provided,
however, when the proceeding is post-decree and concerns only a child support arrearage, the
alleged delinquent party shall complete the entire Form, while the support recipient
need
complete merely that portion thereof which requires the specification of the basis of the arrearage
calculation.
C. Admissibility. Subject to specific evidentiary challenges, the Financial Declaration shall be
admissible into evidence upon filing.
D. Supporting Documents. For the purpose of providing a full and complete verification of income,
assets, liabilities
and values, each party shall attach to the Financial Declaration Form all information
reasonably required and reasonably available. At the
minimum this shall include current wage
records, income tax returns and supporting documentation. "Reasonably available" means that
material which may be obtained by letter accompanied with
an authorization, but does not mean
material that must be subpoenaed or is in the possession of the other party. The court may require
either party to supplement the Financial Declaration Form with appraisals, bank records, and other
supporting documentation. Such supporting documentation shall not be attached to the Financial
Declaration filed with the court,
or , if attached, shall have all information redacted as necessary to
comply with Indiana Trial Rule 5 (G). Supporting documentation, if relevant, may be admitted into
evidence at a hearing as an exhibit subject to the Rules of Evidence.
E. Financial Declaration Forms -- Mandatory Discovery. The exchange of
Financial Declaration
Forms
constitutes mandatory discovery and Indiana Trial Rule 37 sanctions apply. The Forms shall
be supplemented if additional material becomes available pursuant to Indiana Trial Rule 26(E)(2)
.

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 ksikorski@indybar.org.

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