Local Procedure Information for Attorneys
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PLEASE READ: |
All orders addressing Custody, Parenting Time, Child Support, Spousal
Support, and related issues MUST be submitted to the Friend of the Court for review
and approval at least 24 hours (not including weekends or holidays) prior to the
date and time of entry. Orders for support or spousal support must be on approved
Uniform Support Order forms with local Addendum. Temporary Orders and Judgments
must be submitted with a Judgment Information Form.
Uniform Support Orders for direct
payment or $0 support must be accompanied by an
Order Exempting Case from Friend
of the Court Services
and Advice of Rights
regarding Friend of Court Services. Recent case law mandates strict adherence to the requirement to address
the deviation factors when support deviates from the formula, and attorneys should
use the Local Support Formula Deviation Addendum posted on this site. |
Referee Hearing. Attorneys or parties may schedule motions to modify;
Custody,
Parenting Time,
Change of Domicile or Legal Residence,
to establish or modify Support,
or Parenting Time and Support. The
motion must be filed with the appropriate fees at the
County Clerks office. A hearing date and time may be obtained from the Friend of the Court Office; a separate order for referral
for referee hearing is not necessary for these motions.
Temporary Hearings. In order to expedite consideration of
temporary orders, a party or their attorney may request a hearing before the
referee for a temporary recommendation regarding custody, parenting time,
support and/or spousal support. The request is made to the Friend of the Court
and the hearing will be scheduled once a proof of service is filed with the
County Clerk and a verified statement is filed with the Friend of Court. The
Friend of the Court will schedule and send notices for the hearing. At the
hearing the Referee will provide a recommendation and require the attorney or
party to draft a proposed order pursuant to the recommendation. The Referee will
then direct the attorney or the party how to enter the proposed order based upon
the recommendation.
De novo objection. Friend of the Court will send out copies of
the proposed order and the notice of right to de novo hearing to the parties and
attorneys of record. If a proper and timely objection is received, the Friend of
the Court will schedule the de novo hearing with the court and send notices of the
de novo hearing to the parties and any attorneys of record. De novo hearings will
be conducted during the Friend of the Court docket.
Notice of entry under the 7 day rule. The Court requires that any
objections to the entry of a domestic relations order under the 7 day rule must be filed with the County Clerks office and served
by the objecting party on all parties and attorneys of record in addition to the Friend of the Court office. The
objection paperwork shall include a Praecipe, a notice of hearing on the objection,
a copy of an
alternate proposed judgment or order and a $20 filing fee paid to the
County Clerks office.
Entry of orders pursuant to Friend of the Court investigation and recommendation:
When a recommendation is issued by the Friend of the Court after referral
for investigation, the attorney(s) in the case are responsible to prepare a proposed
order consistent with the recommendation and notice the matter on before the court.
The Court will determine which issues are resolved and whether an evidentiary hearing
needs to be scheduled. Parties undergoing an investigation (through Friend of Court)
for the purpose of recommendation are advised to submit the
Income Worksheet to receive a more timely recommendation.
