Tippecanoe County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Parent program completion certification

If paternity is established, the parents must complete the ProudToParent.org work and furnish the Court with a certification.

A. Complete the work on www.ProudToParent.org and furnish the Court with a certification that you have done so.

CRITICAL

Applies to

Financial disclosure form

For each child attending or expected to attend post-high-school classes within six months, list the requested education-expense information.

Post High School Education Expense: If any child subject to this case is attending post high school classes or will attend within the next six (6) months, list the following information for each child.

CRITICAL

Applies to

Financial declaration form

If paternity is established, the parents must complete Financial Declaration Forms with all required attachments.

B. Complete and exchange Financial Declaration Forms with all required attachments.

CRITICAL

Applies to

Assigned counsel claim

Assigned counsel claims must be verified and itemized, use time units no larger than one-quarter hour, and detail the work billed.

Assigned counsel shall submit verified, itemized claims using units of time no larger than one-quarter hour, detailing the work for which they seek payment.

CRITICAL

Applies to

Motion

Must include

proposed order

Unless the Court directs otherwise, the moving party must furnish a proposed order for the listed motions and any other matter the Court directs.

The moving party, unless the Court directs otherwise, shall furnish the Court with proposed Orders in the following matters: motions for enlargement of time, for continuance, for default or default judgment, to compel discovery, for restraining order or injunction, for immediate possession of real estate or personal property, for appointment of receiver, for findings of fact and conclusions of law, for dismissal of an action, for judgment in a collection matter or mortgage or lien foreclosure, and in such other matters as the Court directs.

CRITICAL

A motion to withdraw must be written and include an attached client notice explaining the case status, pending matters, and consequences of inaction or failing to obtain new counsel.

Motions to withdraw an appearance shall be in writing with an attached notice to the client of intention to withdraw. The notice to the client of the intention to withdraw shall include an explanation to the client of (i) the present status of the case; (ii) the dates of scheduled hearings or other pending matters in the case; and (iii) the potential consequences to the client’s case resulting from failure of the client to act promptly or to secure new counsel.

CRITICAL

Applies to

Extension notice or motion

An extension notice or motion must state the response's original due date and its due date after the extension.

Any notice or motion filed pursuant to this rule shall state the date such response was initially due and the date on which the response will be due after the extension.

CRITICAL

Applies to

Child support worksheet

If the spouses have a child under 19, they must complete an Indiana Child Support Worksheet.

3. If you and your spouse have any children under the age of 19, you must complete an Indiana Child Support Worksheet.

CRITICAL

Applies to

Minor guardianship petition

A petition to appoint a guardian of a minor's person must provide the child's current address, two-year residence and household history, known pending custody litigation, and known third-party custody or visitation claims.

In every petition for the appointment of a guardian of the person of a minor child, the following information shall be given: a. the child’s present address, b. the places where the child has lived within the past two years and the names and present addresses of persons with whom the child has lived during that period, c. whether, to Petitioner’s knowledge, any other litigation is pending concerning the custody of the child in this or any other state, and d. whether, to Petitioner’s knowledge, any person not a party to the guardianship proceeding has physical custody of the child or claims to have custody or visitation rights with respect to the child.

CRITICAL

Applies to

Dissolution case compliance certificate

The dissolution-case certification states that the parent completed the FLR 5 website work and FLR 6 co-parenting class, attached certificates confirming both, and affirmed the representations under penalty of perjury.

The undersigned, as the (select: Mother/Father/Parent) in the within cause, does hereby certify that: 1. On (type date) I did complete the mandatory website work as required by FLR 5 and have attached hereto my certificate to confirm the same; and, 2. On (type date) I did complete a co-parenting class as required by FLR 6 and have attached hereto my certificate to confirm the same. I affirm under the penalties for perjury that the foregoing representations are true.

CRITICAL

Applies to

Financial declaration form

The spouses must complete Financial Declaration Forms with all required attachments.

You and your spouse must complete and exchange Financial Declaration Forms with all required attachments within 30 days from the date of filing of the Petition.

CRITICAL

Applies to

Injunction request

A request to enjoin abuse, harassment, or contact requires a separate petition and order, and a joint or mutual order may not be issued.

In the event a party seeks to enjoin the other from abusing, harassing, or otherwise contacting the other party or child of the marriage or relationship, a separate petition and order is required per Ind. Trial Rule 65(E). A joint or mutual order shall not be issued.

CRITICAL

Applies to

Financial declaration form

If checklist documents are unavailable, the filer must supplement the financial declaration as soon as they become available.

IF DOCUMENTS ARE NOT AVAILABLE YOU MUST SUPPLEMENT THIS FORM AS SOON AS THEY BECOME AVAILABLE.

CRITICAL

Applies to

Report following emergency detention

When an Application for Emergency Detention is granted, authorized inpatient facilities must file a Report Following Emergency Detention upon discharge or transfer.

When an Application for Emergency Detention is granted, authorized inpatient facilities shall file a Report Following Emergency Detention upon discharge or transfer.

CRITICAL

Applies to

Proposed order

An order’s counsel or pro se litigant signature line must say “Approved As To Form”; the signature confirms the order reflects the court’s ruling and does not necessarily indicate agreement with that ruling.

C. Signatures. The signature line for counsel or pro se litigant shall indicate Approved As To Form. Such signature indicates that the order correctly reflects the court’s ruling. It does not necessarily signify that the signing party or attorney agrees with the ruling.

CRITICAL

Applies to

Financial declaration form

ATTACH THE FOLLOWING DOCUMENTS THAT SUPPORT THE NUMBERS AND VALUES PROVIDED ABOVE.

ATTACH THE FOLLOWING DOCUMENTS THAT SUPPORT THE NUMBERS AND VALUES PROVIDED ABOVE.

CRITICAL

Applies to

Summons

A paternity-case summons must be substantially in the form of Appendix E.

B. Paternity. In paternity cases, the summons shall be substantially the same as the form which is attached hereto as Appendix “E”.

CRITICAL

Applies to

Parenting plan proposal

Unless an agreed parenting plan has already been executed, each party must prepare and exchange a written proposal using Appendix C and continue trying to reach agreement.

Unless they have already executed an agreed parenting plan, the parties shall each prepare and exchange their written Parenting Plan Proposals utilizing the form which is attached hereto as Appendix “C”. Parents, personally and with the help of counsel and all useful counseling, mediation and other problem-solving resources, shall continue to attempt to reach an agreed parenting plan.

CRITICAL

Applies to

Child support guidelines worksheet

Each Child Support Guidelines Worksheet must be signed by the party or parties submitting it.

All Worksheets shall be signed by the party(ies) submitting the Worksheet.

CRITICAL

Except for routine matters or actions permitted by law, a guardian must obtain Court approval before taking significant financial actions, including selling the protected person's home or vehicles, contracting for long-term residential care, or gifting.

Other than for routine matters and unless permitted by law, the guardian shall obtain Court approval prior to taking any action on significant financial matters pertaining to carrying out the guardian’s duties and responsibilities for the protected person, including: a. Selling the protected person’s home or vehicles; b. Signing a contract for long-term residential care; and c. Gifting.

CRITICAL

Applies to

Child support guidelines worksheet

In proceedings involving children under 19, each party must file one or more Indiana Child Support Guidelines Worksheets with any settlement or enter them into evidence at trial.

Worksheet Required. In all proceedings involving children under the age of 19, each party shall file with any settlement or enter into evidence during any trial an Indiana Child Support Guidelines Worksheets (one or more depending upon the facts).

WARNING

Applies to

Financial declaration form

Financial Declaration Forms need not be exchanged if any of the five stated exceptions applies, including a written waiver agreed to within 30 days of initial filing.

A. Exceptions. The Form need not be exchanged if: (1) the parties agree in writing within 30 days of the initial filing to waive exchange; (2) the parties have executed a written agreement which settles all financial issues; (3) the proceeding is merely at a provisional or emergency relief stage; (4) the proceeding is one in which the service is by publication and there is no response; or, (5) the proceeding is post-decree and concerns no financial issues.

WARNING

Applies to

Case caption

In dissolution, separation, and paternity cases, parties must use the listed designations, and captions must comply with applicable statutes and case law.

Parties in dissolution, separation, and paternity cases shall be designated as “Husband” or “Wife” / “Mother” or “Father” or “Parent” / “Petitioning Spouse” or “Respondent Spouse” / “Former Husband”, “Former Wife”, or “Former Spouse” / and “Putative Father”. All captions shall comply with applicable statutes and case law.

WARNING

Applies to

Financial declaration form

If a requested document is unavailable within 30 days, parties should note that it is being obtained and exchange it as soon as reasonably possible.

If documents are not available within 30 days, you should include a notation that the document is being obtained and exchange it as soon as reasonably possible.

WARNING

Applies to

Appraisal

Appraisals are not required, but an obtained appraisal must be exchanged unless it was obtained under Trial Rule 26(B)(4)(b) and is not expected to be used at trial; the court may order an appraisal and designate the appraiser.

Appraisals of real estate and pensions, or appraisals of personal property such as jewelry, antiques, or special collections (stamps, coins, or guns, for example) are not required. However, once an appraisal is obtained, it must be exchanged unless the appraisal was obtained in accordance with the provisions of Trial Rule 26(B) (4) (b) and is not expected to be used at trial. A court may direct that an appraisal be obtained just as it may designate the appraiser.

WARNING

Applies to

Home study report

The Court will not waive a home study report for married petitioners married less than one year unless good cause is shown.

Except for good cause shown, the Court will not waive a home study report for married petitioners who have not been married for at least one (1) year.

WARNING

Applies to

Parenting plan

If paternity is established, the parents are expected to devise a Parenting Plan covering decision-making, living, and financial arrangements for their children.

A. Devise a Parenting Plan for your children. A Parenting Plan consists of the decision making and living and financial arrangements that will serve to nurture and protect your children as the years progress.

WARNING

Applies to

Closing statement

For an unsupervised estate, a closing statement is sufficient to close the estate unless the Court orders otherwise; objections will be set for hearing, and approval orders are not routinely provided.

Unsupervised Estates: Unless otherwise ordered by Court in a particular proceeding, closing statements are sufficient to result in closing an estate. Any objections thereto will be scheduled for hearing. No orders approving closing statements will routinely be provided.

WARNING

Applies to

Financial declaration form

Failure to complete and exchange the form may authorize the court to impose sanctions under Rule 17 of the Tippecanoe County Rules of Family Law.

2. Failure by either party to complete and exchange this form may authorize the court to impose sanctions set forth in Rule 17 of the Tippecanoe County Rules of Family Law.

INFO

Applies to

Supervised estate closing

In a supervised estate's closing process, affidavits may be used in place of vouchers.

Supervised Estates: As part of the closing process, the Court will accept affidavits in lieu of vouchers.

INFO

Applies to

Parenting time proposal

The parent affirmation in the parenting-time proposal states that the parent read and understood the Indiana Parenting Time Guidelines and completed the assigned work before preparing the proposal.

I hereby affirm, under the penalties for perjury, that before preparing this proposal I have: 1. Carefully read the Indiana Parenting Time Guidelines, including the Preamble and General Rules and understand that they reflect the minimum parenting time; and, 2. Completed the work assignments for parents at www.UpToParents.org/ ;