IN · rules
Ind. Porter Cnty. Family Law Rules Apps. A-F
Supplement to the Local Family Law Rules, Appendices A-F (forms)
SUPPLEMENT TO THE PORTER COUNT
LOCAL FAMILY LAW RULES
APPENDICES A-F
APPENDIX A
STATE OF INDIANA )
PORTER SUPERIOR COURT ) SS:
IN RE THE MARRIAGE/PATERNITY OF: )
)
Petitioner ) CAUSE #
v, )
)
Respondent )
DOMESTIC RELATIONS CASE MANAGEMENT ORDER
The Court, in the exercise of its discretion under Trial Rule 16 (A), now orders the parties,
including pro se litigants, and their respective attorneys to comply with the following orders:
A. Financial Declaration Forms, complete with supporting exhibits, shall be
exchanged between the parties within forty five (45) days from the date
the Petition for Dissolution of Marriage or Petition for Legal Separation is
filed, and within thirty (30) days from the date that a Petition for
Modification or Petition for Rule to Show Cause is filed, provided said
petitions address the financial obligations of the parties, i.e. child support,
including but not limited to, educational expenses or the payment of
marital debt.
B. Within forty-five (45) days from the date either party filed their petition,
the parties shall be required to appear in person, if they are proceeding pro
se, or by their respective attorneys, for an Initial Pre-Trial Conference.
Said conference is hereby scheduled before this court on the day of
, 201, at m.
Each party shall be prepared to address the following issues:
i. Identification of the issues pending before the court;
ii. Identification of issues which have been amicably resolved
between the parties, together with the terms of said resolution;
iii. Identification of the remaining contested issues;
iv. Estimated time required to complete discovery relative to the
contested issues;
v. If not addressed at the Provisional Hearing, the identification or
appointment of experts who shall assist the parties or the court
in the resolution of the contested issues, including the
appointment of a Guardian-ad-Litem, custodial evaluator or a
property evaluator;
vi. The possibility of settlement on all or a portion of the
contested issues through mediation, settlement conference or
the implementation of another Alternative Dispute Resolution
method;
vii. The estimated time required to present the contested issues
before the court, including the possibility of disposing of
all or a portion of the contested issues in summary fashion;
viii. The parties= attendance and completion of the Trans-
Parenting Class as required by Local Rule;
ix. AT THE CONCLUSION OF THE INITIAL PRE-TRIAL
CONFERENCE, THE COURT SHALL SCHEDULE THE
CASE FOR A FINAL PRE-TRIAL CONFERENCE. NO
FINAL HEARINGS SHALL BE SCHEDULED UNTIL
THE CONCLUSION OF THE FINAL PRE-TRIAL
CONFERENCE.
C. Within ninety (90) days from the conclusion of the Initial Pre-Trial
Conference, the parties shall be required to appear in person, if they are
proceeding pro se, or by their respective attorneys, for a Final Pre-Trial
Conference. Said conference is hereby scheduled before this court on the
day of, 201, at m. Provided, however, the court shall be
permitted schedule the Final Pre-Trial Conference later than ninety (90) days
from the date of the Initial Pre-Trial Conference if it determines that additional
time is required by the parties to complete the discovery identified at the Initial
Pre-Trial Conference or if additional time is required to complete the
Guardian-ad-Litem=s investigation and report, the custodial evaluations, the
real and personal property evaluations and/or mediation, or if the parties intend
to attempt counseling and/or reconciliation.
D That counsel, or party/parties, if pro-se, shall confer in person at a
PreliminaryConference at least ten (10) days before the scheduled Final Pre-Trial Conference. The moving party shall undertake the responsibility of
arranging the aforementioned conference at a time and location which
is mutually agreeable between the parties. In preparation for the Final
Pre-Trial Conference, the parties shall address the following issues at their
Preliminary Conference:
i. The possibility of reaching an agreement regarding the
contested issues;
ii. The possibility of disposing of the cause in summary
fashion as to some or all of the issues;
iii. The identification and exchange of exhibits which the
parties intend to introduce into evidence at the Final
Hearing;
iv. The possibility of stipulating to the authenticity or
admissibility of each parties= exhibits to avoid unnecessary
delays at the Final Hearing;
v. The exchange of each parties= witness lists, including expert
witnesses, and the nature of the testimony that each witness
shall be expected to testify to at the Final Hearing;
vi. The preparation of a master list of the parties= real and personal
property, which list shall be submitted by the parties to the
court as a joint exhibit at the Final Pre-Trial Conference. Said
exhibit shall be presented to the court in the following form and
shall include all assets of the parties subject to division by the
court:
EXAMPLE ASSET FORM
ASSET NUMBER ASSET NAME WIFE=S VALUE HUSBAND=S
VALUE AGREED VALUE COURT=S VALUE
1 Marital Residence $150,000.00 $175,000.00
11 River Drive Valparaiso,
IN Titled: Jointly
2 2002 Jeep Cherokee $ 12,500.00
Titled: Jointly
3 oint Checking Acct. Bank $ 1,500.00 $ 2,500.00
One
Account # 1234
4 Antique Rocker $ 500.00 $ 750.00
vii. The preparation of a master debt list, which shall be submitted by the parties to the court
as a joint exhibit at the Final Pre-Trial Conference. Said exhibit shall be presented to the court in
the following form:
EXAMPLE DEBT FORM
DEBT NUMBER ACCOUNT NAME
AND NUMBER DATE OF SEPARATION
BALANCE CURRENT BALANCE
1 SEARS MASTERCARD
ACCOUNT # 1234 5678-9876 $5,250.00 $5,210.00
TITLED: JOINTLY
2 MBNA VISA
ACCOUNT # 9876 5432-0987$500.00$475.00
TITLED: HUSBAND
E. The parties shall be prepared to address the following issues at their Final
Pre-Trial Conference:
vi. The status of discovery;
vii. The results of mediation or settlement conference;
viii. Identification of the issues resolved by agreement, together
with the terms of said agreement;
ix. Identification of the remaining contested issues;
x. The parties= final witness and exhibit lists, together
with stipulations regarding the admissibility of any
exhibits;
xi. A brief summary regarding the parties= contentions relative to
the contested issues;
xii. The presentation of the parties= joint asset list;
xiii. The presentation of the parties= joint debt list; and
xiv. Anticipated time required to litigate the contested issues.
F. At the conclusion of the Final Pre-Trial Conference, the court shall schedule
the cause of action for final hearing, and shall enter additional orders, if
required, regarding Pre-Trial motions presented by the parties.
G. Pursuant to Trial Rule 16(K) and Trial Rule 41(E), failure to attend the Initial
Pre-Trial Conference or the Final Pre-Trial Conference, may result in the
entry of an order of dismissal or default against the party or parties who fail
to appear. In addition, the court may impose sanctions against any party or
attorney of record who fails to attend the preliminary conference; is
unprepared to participate in either the Initial Pre-Trial Conference or Final
Pre-Trial Conference, or who refuses, in bad faith, to enter into stipulations
regarding the facts, the law, or the exhibits. Said sanctions may include costs
associated with rescheduling any of the three conferences identified herein,
and attorney fees.
No continuances of the Provisional Hearing, Initial Pre-Trial Conference,
Final Pre-Trial Conference, or Final Hearing may be obtained without
strict compliance with the provisions outlined in Trial Rule 53.5 and Local
Rule 3500. If a continuance is requested and granted, said continuance shall
be charged against the party requesting same. The existence of charged
continuances, whether or not in good faith, may be considered by the court in
its ruling regarding the payment of attorney fees or other costs of the action.
ALL OF WHICH IS FOUND AND RECOMMENDED THIS DAY OF,
20.
MAGISTRATE, PORTER SUPERIOR COURT
ALL OF WHICH IS ORDERED, ADJUDGED AND DECREED THIS DAY OF
, 20.
JUDGE, PORTER SUPERIOR COURT
APPENDIX B
FINANCIAL DECLARATION FORM
STATE OF INDIANA: CIRCUIT AND SUPERIOR COURTS OF
PORTER COUNTY
IN RE: THE MARRIAGE OF: Cause No:
Petitioner
and
Respondent
In accordance with Local Rule 2200.1 of the Porter Superior Court and Indiana Trial
Rules 26, 33, 34, 35 and 37, the undersigned, Petitioner or Respondent, hereby submits the
following VERIFIED FINANCIAL DISCLOSURE STATEMENT:
FINANCIAL DECLARATION OF
I. PRELIMINARY INFORMATION
Husband* Wife*
Address: Address:
Soc. Sec. No. Soc. Sec. No.
Badge/Payroll No: Badge/Payroll No:
Occupation: Occupation:
Employer Employer:
Birth Date: Birth Date:
Children:
Date of:
Marriage:
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Name Age Dob: SS#:
II. HEALTH INSURANCE INFORMATION
Name and Address of health care insurance
company:
Name all persons covered under Plan(s):
Weekly cost of total health Weekly cost of health insurance premium
insurance premium: for children only:
Name of the children=s= health care providers:
The names of the schools and grade level for each child are:
List any extraordinary health care concerns of any family member:
List any educational concerns of any family member:
III. INCOME INFORMATION
A. EMPLOYMENT HISTORY
Current employer
Address
Telephone No: Length of Employment
Job Description
Gross Income
Per week bi-weekly per month yearly
Net Income
Per week bi-weekly per month yearly
B. EMPLOYMENT HISTORY FOR LAST 5 YEARS
Employer Dates of employment Compensation (per
wk/mo/yr)
C. INCOME SUMMARY
1. GROSS WEEKLY INCOME from: Salary
and wages, including commissions, bonuses,
allowances and over-time $
Note: If paid monthly, determine weekly income by
dividing monthly income by 4.3
Pensions & Retirement
Social Security
Disability and unemployment insurance
Public Assistance (welfare, AFDC payments, etc.)
Food stamps
Child support received for any child(ren) not born
of the parties to this marriage
Dividends and Interest
Rents received
All other sources (specify)
TOTAL GROSS WEEKLY INCOME $
2. ITEMIZED WEEKLY DEDUCTIONS
from gross income:
State and Federal Income taxes:
Social Security
Medical Insurance
Coverage: Health ( )
Dental ( )
Eye Care ( )
Psychiatric ( )
Union or other dues:
Retirement:
Pension fund: Mandatory ( ) Optional ( )
Profit Sharing: Mandatory ( ) Optional ( )
401(k): Mandatory ( ) Optional ( )
SEP: Mandatory ( ) Optional ( )
ESOP: Mandatory ( ) Optional ( )
IRA: Mandatory ( ) Optional ( )
Child support withheld from pay
(not including this case)
Garnishments (itemize on separate sheet)
Credit Union debts
Direct Withdrawals Out of Paychecks:
Car payments
Life insurance
Disability insurance
Thrift plans
Credit union savings
Bonds
Donations
Other (specify)
Other (Specify):
TOTAL WEEKLY DEDUCTIONS
3. WEEKLY DISPOSABLE INCOME
(A minus B: Subtract Total Weekly
Deductions from Total Weekly Gross
Income)
IN ALL CASES INVOLVING CHILD SUPPORT: Prepare and attach an Indiana Child
Support Guideline Worksheet (with documentation verifying your income); or, supplement
with such a Worksheet within ten (10) days of the exchange of this Form.
IV. MONTHLY LIVING EXPENSES:
House
1. Rent(Mortgage)
2. 2nd Mortgage
3. Line of credit
4. Gas/Electric
5. Telephone
6. Water
7. Sewer
8. Sanitation (garbage)
9. Cable
10. Satellite
11. Internet
12. Taxes (Real Estate) (If not part of mortgage payment)
13. Insurance(House) (If not part of mortgage payment)
14. Lawn Care/Snow Removal
Groceries
1. Food
2. Toiletries
3. Cleaning Products
4. Paper Products
Clothing
1. Clothes
2. Shoes
3. Uniforms
Health Care
1. Health insurance not deducted from pay
2. Dental insurance not deducted from pay
3. Doctor Visits (non insurance covered)
4. Dental Visits (non insurance covered)
5. Prescription Pharmaceutical (non insurance covered)
6. Over the counter medicine
7. Glasses/contact lenses
8. Other non-insurance covered health care*
Car & Travel
1. Car Payment
2. Gasoline
3. Oil/Maintenance
4. Insurance (Car)
5. Car Wash
6. Tolls
7. Train/Bus
8. Parking Lot Fees
9. License plates
Beauty Care
1. Hair Dresser/Barber
2. Cosmetics
School Needs
1. Lunches
2. Book
3. Tuition/Registration
4. Uniforms
5. School Supplies
6. Extra curricular activities
Infant Care
1. Diapers
2. Baby Food
Miscellaneous
1. Church Donations
2. Charitable Donations
3. Life Insurance
4. Babysitter
5. Newspapers & Magazines
6. Cigarettes
7. Dry Cleaning
8. Entertainment
9. Cell phone
10. Dues/subscriptions
14. Charge Cards
15. Other *
* Itemize at bottom of page
Sub-Total of Expenses
Average Weekly Expenses (multiply monthly expenses by 12
and divide by 52)
V. PROVISIONAL ARREARAGE COMPUTATIONS. If you allege the existence of a
child support, maintenance, or other arrearage, attach all records or other exhibits
regarding the payment history and compute the child support arrearages.
You must attach a Child Support Guideline Worksheet to your Financial Declaration
Form or one must be exchanged with the opposing party/counsel within 10 days of
receipt of the other parties= Financial Declaration Form.
ASSETS
All property is to be listed regardless of whether it is titled in your name only or jointly or if
property you own is being held for you in the name of a third party.
VI. PROPERTY
A. MARITAL RESIDENCE
Description:
Location:
Date Acquired:
Purchase Price:
Down Payment:
Source of Down Payment:
Current Indebtedness:
Monthly
Payment:
Current Fair Market Value:
B. OTHER REAL PROPERTY (Complete B, on a separate sheet of paper for each
additional parcel of real estate owned, etc).
Description:
Location:
Purchase Price:
Down Payment:
Source of Down Payment:
Current Indebtedness:
Monthly Payment:
Current Fair Market Value:
C. PERSONAL PROPERTY (motor vehicles, boats, motorcycles, furnishings, household
goods, jewelry, firearms, etc. Household furnishings and
household goods such as pots and pans need not be
itemized.)
Current Present
Description Titled Value Indebtedness Payment User
VII. BANK ACCOUNTS
Type of Account
(Checking,
Savings, Account Balance on
Name CDs, etc.) Owner No. Date of Filing
VIII NON-RETIREMENT SECURITIES (stocks, bonds, mutual funds, etc.)
Type of account
(Money mkt,
Stocks, Bonds, Value
Mutual Funds Account on date
Name etc.) Owner No. of filing
IX. LIFE INSURANCE POLICIES (whole life, variable life, annuities, term)
FaceLoanCash
CompanyOwnerPolicy #BeneficiaryValue Amount Value
X. RETIREMENT ACCOUNTS (Pension, Profit Sharing, 401(k), SEP, IRA,
KEOGH, ESOP, etc).
Vested Value as of
Company Type of Plan Owner Account # (Yes/No) Date of Filing
Divorce
I. OTHER PROFESSIONAL OR BUSINESS INTERESTS
Type (Corp.,
Name of Business Part., Sole Owner) % Owned Estimated Value
XII. MARITAL BILLS, DEBTS, AND OBLIGATIONS (list every single bill, debt and
obligation regardless of whether the bill is titled in your name, your spouse=s name, or
jointly. Please include all mortgages, 2nd mortgages, home equity loans, charge cards,
other loans, credit union loans, car payments, and unpaid medical bills, etc. Do
not include monthly expenses such as utilities that are paid in full every month.)
Monthly Balance - Current
Creditor Description Acct # Payment Date of Filing Balance
Example(s):
1st National Bank Mortgage 87612368459 $1,530.00 $145,680.00 $145,100.00
Visa Misc household
expenses 14567865349 $300.00 $3,500.00 $3,250.00
XIII. RECAPITULATION. A summary of the marital estate is as follows:
In Name ofIn Name of
Asset Husband Wife Jointly Held Total
Family Dwelling
Other Real Estate
Personal Property
Bank Accounts
Non-Retirement Securities
Life Insurance Policies
Retirement Accounts
Other Professional/Business
Interests
Total Assets
Liabilities
General Creditors
Mortgage on Family Dwelling
Mortgages on other real estate
Notes to Banks and Others
Loans on Insurance Policies
Other Liabilities
Total Liabilities
ASSETS MINUS LIABILITIES
XIV. PERSONAL STATEMENT REGARDING DIVISION OF PROPERTY
Indiana law presumes that the marital property be split on a 50/50 basis.
However, the Judge may order a division which may differ from an exact 50/50
division of your property. Please provide a brief statement as to your reasons, if
there be any, why the Court should divide your property on anything other than a
50/50 basis.
XV. MANDATORY EXHIBITS
The following exhibits must be attached to your Financial Declaration Form:
1. The last three years of Individual State and Federal income tax returns together
with all W-2 forms, 1099 forms and K-1 forms.
2. The immediate preceding six paycheck stubs showing year-to-date earnings.
3. Documents showing the amount of income received from any other source in the
past three years including irregular income in an amount greater than $500 per
year plus any expenses relating thereto.
4. Child support worksheet, if applicable.
5. Arrearage calculation, if applicable under V of this Financial Declaration Form.
6. With regard to all real estate listed under VI (A) and (B):
a. The title insurance policy, if available,
b. The deed,
c. An amortization schedule from the lending institution, if available,
d. Documents showing the mortgage balance as of the date of the filing of
the Petition for Dissolution of Marriage,
7. As to all bank accounts identified in VII of this Financial Declaration Form:
a. Copy of the bank statement closest to the date of the filing of the petition
for Dissolution of Marriage, and
b. Copies of the bank statements for the five months immediately preceding
the filing of the Petition for Dissolution of Marriage.
8. As to all Non-retirement Securities identified in VIII of this Financial Declaration
Form:
a. Copy of the statement closest to the date of the filing of the petition for
Dissolution of Marriage, and
b. Copies of the statements for the five months immediately preceding the
filing of the Petition for Dissolution of Marriage.
9. As to all Life Insurance policies identified in IX of this Financial Declaration
Form attach statements as of cash value as of the date of the filing of the Petition
for Dissolution of Marriage.
10. As to all Retirement Accounts identified in X of this Financial Declaration Form
attach statements showing the value of the account as of the date of the filing of
the Petition for Dissolution of Marriage and for the preceding five months, if such
statements are available, except for pension accounts and other defined benefit
plans, in which event attach a statement from the employer describing the
benefits.
11. As to all marital bills, debts and obligations identified in XII of this Financial
Declaration Form, attach a statement showing the amount of each bill, debt and
obligation as of the date of the filing of the divorce and for the immediately
preceding five months.
XV. VERIFICATION
I declare, under the pains and penalty of perjury, that the foregoing, including statements
of my income, expenses, assets and liabilities, are true and correct to the best of my
knowledge and that I have made a complete and absolute disclosure of all sources of
income, all assets, and all liabilities. If it is proven to the Court that I have intentionally
failed to disclose all of my income, any asset, or liability, I may lose the asset and may be
required to pay the liability.
Further, this Financial Declaration Form is considered as a Request for Admissions to the
recipient under Trial Rule 35 and should the recipient fail to fully prepare and exchange
this statement then the Court may prohibit the party who did not properly complete the
Financial Declaration Form from introducing any evidence at any hearing to contradict
the evidence of the other party on the issues of income, expenses, assets and liabilities.
Date:
Signature
XVI. ATTORNEY=S CERTIFICATION
I have reviewed with my client the foregoing information, including any valuations and
attachments, and sign this certificate consistent with my obligation under Trial Rule 11 of
the Indiana Rules of Procedure.
Date:
Attorney for the
15 N. Washington Street
Valparaiso, IN 46383
219/464-3246
FINANCIAL DECLARATION FORM
STATE OF INDIANA: CIRCUIT AND SUPERIOR COURTS
OF PORTER COUNTY
(PATERNITY SHORT FORM)
IN RE: THE PATERNITY OF: CAUSE NO:
Petitioner
and
Respondent
In accordance with Local Rule 2200.1 of the Porter Superior Court and Indiana Trial Rules
26, 33, 34, 35 and 37, the undersigned, Petitioner or Respondent, hereby submits the following
VERIFIED FINANCIAL DISCLOSURE STATEMENT:
FINANCIAL DECLARATION OF
I. PRELIMINARY INFORMATION
Mother Father
Address: Address:
Soc. Sec. No. Soc. Sec. No.
Occupation: Occupation:
Employer: Employer:
Birth Date: Birth Date:
Children of this action:
Name Age DOB: SSN:
Name Age DOB: SSN:
Name Age DOB: SSN:
Name Age DOB: SSN:
For each child:
Attached copy of birth certificate: Yes No
Attached copy of signed paternity affidavit Yes No
Date of filing Petition:
Your other children not subject to this proceeding:
Name Date of Birth SSN: Lives with you: YesNoReceives Support: Yes No Amount of
Support Pays Support:Yes No Amount of Support
Name Date of Birth SSN: Lives with you: YesNoReceives Support: Yes No Amount of
Support Pays Support:Yes No Amount of Support
Name Date of Birth SSN: Lives with you: YesNoReceives Support: Yes No Amount of
Support Pays Support:Yes No Amount of Support
Name Date of Birth SSN: Lives with you: YesNoReceives Support: Yes No Amount of
Support Pays Support:Yes No Amount of Support
II. INCOME INFORMATION
A. EMPLOYMENT HISTORY
Current employer:
Address:
Telephone No: Length of employment:
Job description:
Gross Income
Per week Bi-weekly Per month Yearly
B. EMPLOYMENT HISTORY FOR LAST 5 YEARS
(Attach additional sheet if necessary)
Employer Dates of employment Compensation (per wk/mo/yr)
C. INCOME SUMMARY
L. GROSS WEEKLY INCOME FROM: Salary
and wages, including commissions, bonuses,
allowances and over-time $
Note: If paid monthly, determine weekly income by
dividing monthly income by 4.3
Pensions & Retirement
Social Security
Disability and unemployment insurance
Public Assistance (welfare, AFDC payments etc.)
Food stamps
Child support received for any child(ren) not subject
to this action
Dividends and Interest
Rents received
Income from present spouse/relationship
All other sources (specify)
TOTAL GROSS WEEKLY INCOME $
ATTACH COPIES OF:
Last two Federal and State Income Tax Returns
Five of your most recent payroll stubs
III. HEALTH INSURANCE INFORMATION
Name and address of health care insurance company:
Name all persons covered under Plan(s):
Weekly cost of total health Weekly cost of health insurance premium
insurance premium: for children only:
IV. MONTHLY BUDGET OF EXPENSES
A. HOUSING Yourself Children
1. Rent
2. Mortgage-principal & interest
3. Second Mortgage
4. Lot rent
5. Home insurance
6. Other (itemize)
Sub-total
B. UTILITIES
A. Electricity
B. Gas/heating Oil
C. Telephone
D. Water
E. Other (itemize)
Sub-total
C. HOUSEHOLD MAINTENANCE
1. Repairs (normal/on-going)
2. Cable TV
3. Child Support withheld from pay
4. Garnishments
5. Credit cards
6. Legal fines/costs
7. Other (itemize)
D. OTHER EXPENSES
1. Food
2. Clothing
3. Transportation
4. Health/medical/dental
5. Childcare/daycare
6. Personal/entertainment
E. ALL OTHER EXPENSES
V. PROVISIONAL ARREARAGE COMPUTATIONS. If you allege the existence of a child
support, birthing expenses, past medical bills, daycare expenses, maintenance, or other arrearage,
attach all records or other exhibits regarding the payment history and compute the child support
arrearages.
You must attach a Child Support guideline Worksheet to your Financial Declaration From or one
must be exchanged with the opposing party/counsel within 10 days of receipt of the other parties=
Financial Declaration Form.
VI. VERIFICATION
I declare, under the penalties of perjury, that the foregoing, including any valuations and
attachments, is true and correct and that I have made a complete and absolute disclosure of all my
assets and liabilities. Furthermore, I understand that if, in the future, it is proved to this Court that
I have intentionally failed to disclose any asset or liability, I may lose the asset and be required to
pay the liability. Finally, I acknowledge that sanctions may be imposed against me, including
reasonable attorney=s fees and expenses incurred in the investigation, preparation and prosecution
of any claim or action that proves my failure to disclose assets or liabilities.
Date:
PARTY=S SIGNATURE
VII. ATTORNEY CERTIFICATION
I have reviewed with my client, the foregoing information, including any valuations and
attachments, and have signed this certification with my obligation under Trial Rule Eleven (11) of
the Indiana Rules of Procedure.
Date:
ATTORNEY=S SIGNATURE
APPENDIX
D
STATE OF INDIANA ) PORTER SUPERIOR COURT
) SS: Sitting in Valparaiso, Indiana
COUNTY OF PORTER ) CONTINUOUS TERM 20
IN RE THE MARRIAGE/PATERNITY OF:)
)
, Petitioner ) CAUSE #
v )
, Respondent
PETITION FOR THE APPOINTMENT OF A GUARDIAN AD LITEM
The Court now appoints as Guardian ad Litem for the
minor child(ren) of the parties, and Finds, Recommends, and Orders as follows:
1. That the GAL is appointed, pursuant to I.C. 31-15-6-1, et seq., and/or other
appropriate section(s) of the Indiana Code and/or Local Rules, for the following minor
children of the parties:
name date of birth
name date of birth
name date of birth
2. That this appointment of the GAL shall become effective upon payment to the GAL
of the required monetary retainer and the GAL=s acceptance of the same. The issue of the
retainer payment to the GAL shall be set for a review hearing within days. Attorney for
shall coordinate such hearing date and assure that the same occurs if the
GAL has not been paid in a timely manner.
Said monetary retainer shall be in the amount of $ . The GAL is
hereby authorized to bill the parties for services rendered at the GAL=s usual rate, with the
understanding that said usual rate may be reduced to the county=s service rate if any remainder
of the GAL=s bill is later submitted to Porter County for payment.
The Petitioner shall pay $ toward such retainer.
The Respondent shall pay $ toward such
retainer.
The retainer payments shall be made within days of this Order.
Further, as to future billings by the GAL, the parties will divide obligations for the same with
Petitioner paying % and Respondent paying % of such obligations. Payment of
such obligations shall be timely made. All retainer and obligations and/or payments to the
GAL are subject to reallocation and/or further order of the Court.
3. That the GAL is appointed to provide the following services in this cause, with
the understanding that the Court, GAL, or the parties may reasonably expand the scope of
such services upon further motion, order, and/or inquiry:
{check all that apply)
Parenting Time/Visitation Issues
Child=s health issues
Custodial Recommendation
Elicit child=s opinion relevant to pending litigation
Review of home environment(s)
Other:
4. That the parties are hereby directed to provide to the GAL, within ten (10) days of
the payment of the retainer, a written summary of their position on the issues pending before
this court, and their requests of the GAL.
The GAL shall conduct a timely investigation of the issues the GAL deems relevant to the
best interests of the child(ren).
5. That the Parties shall advise the GAL of their current residence and telephone number,
as well as the residence and school (if any) of the child(ren).
6. That upon the presentation of this Order to any agency, hospital, organization, school,
person, or office, including the Department of Public Welfare and mental health agencies,
physicians, psychiatrists, or police departments, the aforementioned shall permit the Guardian
Ad Litem to inspect and/or copy any records, reports, x-rays, photographs or other matters
relevant to this case and the child that is the subject of this dissolution, custody and/or
visitation proceeding. Further, the aforementioned Guardian Ad Litem may obtain any reports
or examine
said reports without the consent of the child(ren), his/her parents, or any other person
responsible for the child=s (children=s) welfare;
The custodial parent(s) shall assure that the GAL is granted access to all such persons
and entities and, as needed, shall sign any release necessary to facilitate the same.
7. That the Parties do hereby acknowledge that, although the GAL-child relationship is
not technically an attorney-client relationship under the statute, the parties do wish to
encourage the child to have open and complete discourse with the GAL. Therefore, the
Guardian ad Litem assigned to this case may, at the GAL=s discretion, maintain any and all
information received from the child as confidential and choose not disclose same except in
reports to the Court, as ordered by the Court, and/or to any party in this case;
If the GAL believes that an attorney-client relationship has been created between the child
and the GAL at any time, the GAL shall promptly notify the court and the parties and set a
status hearing relevant to the same;
8. That the Guardian ad Litem shall appear at all Hearings or proceedings scheduled in
this case and assure proper representation for the child(ren) at said Hearings;
9. That the Guardian Ad Litem is now considered a party to this action and shall therefore
be notified of any hearings, staffings, investigations, depositions, and/or other proceedings in
this cause and shall be notified properly as to any action taken on behalf of the child(ren) by
any party.
The scheduling of hearings requiring the GAL to be present shall be coordinated with the
GAL. Although the GAL shall be notified of all hearings, the appearance of the GAL may be
waived if
the issues relevant to such hearing do not reasonably involve the children.
10. That the GAL shall submit a written report to the Court no later than ten (10) days
prior to any final hearing on issues, as set forth above, relevant to the children.
If such report is not submitted timely, the parties do hereby agree that there shall not be an
automatic continuance of a hearing granted to either party relevant to such late report, and
any party requesting such continuance shall provide notice thereof to the Court and the
GAL and allow the GAL two business days to complete and submit such report.
Ultimately, the Court shall have discretion to rule on the reasonableness of any continuance
request.
APPENDIX E
STATE OF INDIANA ) IN THE COURT
) SS:
COUNTY OF ) Case Number:
(To be supplied by Clerk when case is filed.)
(Caption)
APPEARANCE BY ATTORNEY IN CIVIL CASE
This Appearance Form must be filed on behalf of every party in a civil case.
1. The party on whose behalf this form is being filed is:
Initiating Responding Intervening; and
the undersigned attorney and all attorneys listed on this form now appear in this case for the
following parties:
Name of party
Address of party (see Question # 6 below if this case involves a protection from abuse
order, a workplace violence restraining order, or a no-contact order)
Telephone # of party
FAX:
Email Address:
(List on a continuation page additional parties this attorney represents in this case.)
2. Attorney information for service as required by Trial Rule 5(B)(2)
Name: Atty Number:
Address:
Phone:
FAX:
Email Address:
(List on continuation page additional attorneys appearing for above party)
3. This is a case type as defined in administrative Rule 8(B)(3).
4. I will accept service from other parties by:
FAX at the above noted number: Yes No
Email at the above noted number: Yes No
5. This case involves child support issues. Yes No (If yes, supply social security
numbers for all family members on a separately attached document filed as confidential
information on light green paper. Use Form TCM-TR3.1-4.)
6. This case involves a protection from abuse order, a workplace violence restraining order, or
a no – contact order. Yes No (If Yes, the initiating party must provide an
address for the purpose of legal service but that address should not be one that exposes the
whereabouts of a petitioner.) The party shall use the following address for purposes of
legal service:
Attorney’s address
The Attorney General Confidentiality program address
(contact the Attorney General at 1-800-321-1907 or e-mail address is
confidential@atg.in.gov).
Another address (provide)
7. This case involves a petition for involuntary commitment. Yes No
8. If Yes above, provide the following regarding the individual subject to the petition for
involuntary commitment:
a. Name of the individual subject to the petition for involuntary commitment if it is not
already provided in #1 above:
b. State of Residence of person subject to petition:
c. At least one of the following pieces of identifying information:
(i) Date of Birth
(ii) Driver’s License Number
State where issued Expiration date
(iii) State ID number
State where issued Expiration date
(iv) FBI number
(v) Indiana Department of Corrections Number
(vi) Social Security Number is available and is being provided in an attached
confidential document Yes No
9. There are related cases: Yes No (If yes, list on continuation page.)
10. Additional information required by local rule:
11. There are other party members: Yes No (If yes, list on continuation page.)
12. This form has been served on all other parties and Certificate of Service is attached:
Yes No
Attorney-at-Law
(Attorney information shown above.)
Provenance
- Source
- www.in.gov
- Retrieved
- 2026-10-02
- Edition
- supplied-in-28-68-porter-local-rules-2022-12-01
- Content hash
bd2714cbc679d348460e8d2be2aa710a13e8778062fbde49c74f81c098502a6c
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