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: Sam Hasler's Indiana Divorce & Family Law Blog

More counties with financial declarations

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Having written Madison County Local Rules: LR48-FL00-17 FINANCIAL DECLARATIONS/SUPPORT WORK SHEETS and Forms - Indiana Financial Declarations, I thought a short review of other counties requiring a financial declaration might be of use. I started with the counties surrounding Madison County but only Henry County and Hamilton County have rules on financial declarations. So I expanded the review to counties where I have practiced and continue to do so. Then I wrote Family Law and Pretrial Conferences - Riffing on Marshall County's Local Rules and noticed Marshall County required a financial declaration. Which lead me to adding Marshall County.

Of my usual counties, that leaves Grant, Delaware, Tipton, Blackford, Hancock and Howard Counties not requiring a financial declaration.

Please, do not think this list exhausts all of Indiana's counties. Remember that the rules requiring financial declarations are local rules. However, the Indiana Judicial System has a trial courts page and from this page a one can find a county's local rules. Scroll down the page till you see a box indicating local rules and a link.

I guess most will find it odd that only two counties provide online access to their forms. Those counties being Hamilton and Marion County (which they include in their local rules as appendixes). I can only offer up that courts may not as comfortable with the Internet as other government agencies. Which will mean a trip to the county clerk or court administrator's office for the other counties (hint: call first).

Henry County:

(B) CONTESTED FINAL HEARINGS. At contested final hearings, counsel are directed to prepare and submit a list of assets, list of debts, and proposed distribution of assets and debts indicating those items which are in dispute along with any other supporting documents or exhibits. Requests for exemption from this rule will be handled on a case by case basis.

Hamilton County:
LR29-FL00-402. FINANCIAL DECLARATIONS, SUPPORT WORK SHEETS, VISITATION, AND CHILDREN COPE WITH DIVORCE WORKSHOP
402.10 Parties shall complete in full Indiana Child Support Obligation Worksheets (Form FL00-402A) and Financial Declarations (Form FL00-402B) on the forms adopted by the Court in all contested matters involving child support or disposition of assets. Parties must date and file these forms prior to any hearing or trial. Financial Declarations shall be exchanged by the parties and filed with the Court not less than three working days before any preliminary hearing and not less than ten working days before the final hearing. Child Support Worksheets shall be exchanged and filed with the Court on the hearing date. Child Support Worksheets must be attached to all proposed orders and decrees addressing child support.

402.20 If there are any assets or obligations not disposed of by written agreement between the parties, the litigants must prove the value of the assets and the amount of obligations at the hearing. Financial Declarations shall be considered as received in evidence subject to crossexamination. Direct examination, on matters in the Financial Declaration, should be confined to unusual factors which require explanation, or to corrections
Marion County:
LR49-FR00-504. FINANCIAL DECLARATION FORM
A. Requirement2. 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;
3. The proceeding is one in which the service is by publication and there is no response;
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 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 nformation 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).
Allen County:
LR02-TR26-710 Financial Declaration Form
(1) Requirement. In all relevant family law matters, (except support matters enforced by the State), including dissolution, separation, paternity, post-decree and support proceedings (excepting provisional hearings), the parties shall simultaneously exchange Financial Declaration Forms seven (7) days prior to any hearing. The Financial Declaration Form shall be submitted to the Court during the hearing. The Financial Declaration Forms shall be in a format approved by the Court. These time limits may be amended by the Court for good cause shown.
(2) Exceptions. The Financial Declaration Form need not be exchanged or filed if:
(2.1) The Court approves the parties? written agreement to waive the exchange;
(2.2) The parties have executed a written agreement that settles all financial issues;
(2.3) The proceeding is one in which the service is by publication and there is no response; or,
(2.4) The proceeding is post-decree and concerns issues without financial implications.
(3) Admissibility. Subject to specific evidentiary challenges, the
Financial Declaration Form shall be admissible into evidence during the hearing. The submission of the Financial Declaration Form shall not prohibit any other relevant discovery permitted under the Indiana Rules of Trial Procedure.
Boone County:
LR06-FL00-BLR-16
FINANCIAL DECLARATIONS, SUPPORT WORKSHEETS, AND CHILDREN COPING WITH DIVORCE WORKSHOP
(1) Parties shall complete an Indiana Child Support Guideline Worksheet and Financial Declarations on forms adopted by the court and in all contested matters involving child support or disposition of assets. Parties must date and file these forms prior to any hearing or trial. Financial Declarations shall be exchanged by the parties and filed with the court not less than three working days before any preliminary or final hearing. Child Support Worksheets shall be exchanged and filed with the court on the hearing date. Child Support Worksheets must be attached to all proposed orders and decrees addressing child support.
(2) If there are any assets or obligations not disposed of by written agreement between the parties, the litigants must prove the value of the assets and the amount of obligations at the hearing. Financial Declarations shall be considered as received in evidence subject to cross-examination. Direct examination, on matters in the Financial Declaration, should be confined to unusual factors which require explanation, or to corrections.
Ripley County:
LR69-FL02-14 SUBMISSION OF FINANCIAL DECLARATION FORM
A. Requirement: In all relevant family law matters, including dissolutions, legal separations, paternity and post decree support or maintenance proceedings, the moving party shall prepare and serve a Financial Declaration Form on the opposing party or their counsel within thirty (30) days of the date of the filing of the action. The responding party shall prepare and serve a Financial Declaration Form within twenty (20) days after receipt of service of the moving party?s declaration. These time limits may be amended by court order for good cause shown after motion or by written agreement of the parties filed with the Court.
B. Exceptions: The Financial Declaration Form need not be exchanged nor settlement conference conducted if:

1.) The parties agree in writing to waive exchange.
2.) The parties have executed a written agreement which settles all financial issues.
3.) The proceeding is one in which the service is by publication and there is no response.
4.) The proceeding is post-decree and concerns issues without financial implications. Provided, however, when the proceeding is post-decree and concerns only an arrearage, the alleged delinquent party shall complete the entire Form, while the support recipient need complete merely that portion thereof which requires specification of the basis of the arrearage calculation (with appropriate supporting documentation); or
5.) Where the gross marital estate in a dissolution or legal separation is $5,000.00 or less.
C. Admissibility: Subject to specific evidentiary challenges, the Financial Declaration shall be admissible into evidence upon filing and shall comply with Indiana Administrative Rule 9 and Indiana Rule of Trial Procedure 5(G).
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 income tax returns and supporting documentation and current wage records. 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 such Financial Declaration with appraisals, bank records, and other evidence to support the values set out therein.
E. Financial Declaration-Mandatory Discovery: The exchange of Forms constitutes mandatory discovery. Thus INDIANA TRIAL RULE 37 sanctions apply. Additionally, pursuant to INDIANA TRIAL RULE 26(e) (2) and (3), the Form shall be supplemented if additional material becomes available.

F. Within ninety (90) days of the date of filing conduct and verify to the Court that a settlement conference between the parties and counsel has been conducted and report to the Court any stipulations or agreement which have arisen from the settlement conference. This section of the rule shall not apply unless both parties are represented by counsel.
G. In all matters involving support, each party shall submit to the Court a completed Child Support Obligation Worksheet with supporting documentation within sixty (60) days of the filing of the petition.
H. The Financial Declaration Form and Child Support Obligation Worksheet is available from the Clerk.
(4) Financial Declaration ?Mandatory Discovery. The exchange of Financial Declaration Forms constitutes mandatory discovery, and Trial Rule 37 sanctions are applicable. Additionally, pursuant to Trial Rules26 (E) (2) and (3), the Financial Declaration Form shall be supplemented if additional information becomes available.

Marshall County:
(B) The parties shall file one document listing all property and indebtedness to be divided by the Court prior to the commencement of the final hearing. The parties shall also set forth on the document each party?s valuation of the item or debt to be divided and indicate whether the party wishes to have the item or debt assigned to them or to the other party. The final hearing shall not commence without the appropriate document being provided.

Full post as published by Sam Hasler's Indiana Divorce & Family Law Blog on January 22, 2009 (boomark / email).

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