Breckinridge County Circuit Court, Kentucky Filing Fees and Waivers

CRITICALCriminal cases

Payment of any appropriate fee or charge is required for vacation and expungement after successful completion, unless good cause is shown.

If the defendant successfully completes the provisions of the pretrial diversion agreement, then upon motion. with notice to the Commonwealth, and upon payment of any appropriate fee or charge, except for good cause shown, his plea of guilty shall be vacated and expunged from the record, and shall not inculpate the Defendant for any purpose to the extent permitted by law.

CRITICAL

Applies to

Domestic Relations Commissioner's hearing

A party designated by the Domestic Relations Commissioner, except one permitted to proceed in forma pauperis, must pay the anticipated regular hourly fee to the Circuit Court Clerk at least five days before the hearing; if unpaid, the Commissioner may cancel the hearing without notice.

any partyies) as designated by the Domestic Relations Commissioner (except one permitted to proceed in forma pauperis) shall be required to pay to the Circuit Court Clerk at least five (5) days in advance of the Domestic Relations Commissioner's hearing the anticipated Domestic Relations Commissioner's regular hourly fee for the anticipated time allocated as set forth in the Domestic Relations Commissioner's Order setting the hearing. The Court may subsequently order and award the advanced Domestic Relations Commissioner's fees for or against party(ies) in conformity with the law. If not paid as set forth above, the Domestic Relations Commissioner may cancel the hearing without notice.

CRITICAL

Fee

$15

Applies to

Original domestic relations action

The Clerk must collect a $15 cost in each original Domestic Relations action for the Commissioner's fee in uncontested matters.

7.01 Pursuant to FCRPP 4(5), in each original Domestic Relations action filed with the Clerk of the Court, the Clerk shall collect the sum of $15.00 as cost collected for Domestic Relations Commissioner, being the fee payable to the Commissioner in uncontested matters.

CRITICAL

Fee

$125

Applies to

Warning order attorney appointment request

A party seeking appointment of a Warning Order Attorney or Military Warning Order Attorney must deposit a $125 advance fee with the Clerk when requesting appointment, except if permitted to proceed in forma pauperis.

10.02 Any party, except one permitted to proceed in forma pauperis, who desires the appointment of a Warning Order Attorney or Military Warning Order Attorney shall deposit with the Clerk of the Court, at the time the request for same is made, the sum of ONE HUNDRED TWENTY FIVE ($125.00) DOLLARS as an advanced Warning Order/Military Warning Order fee. Said fee shall include the cost of postage anticipated to be incurred by the Warning Order/Military Warning Order Attorney.

CRITICAL

Fee

$15

Applies to

Original domestic relations action

The Clerk must collect a $15 fee for the Domestic Relations Commissioner in each original domestic-relations action.

9.01 In each original Domcstic Relations action filed with the Clerk of the Court, the Clerk shall collect the sum of $15.00 as cost collected for Domestic Relations Commissioner, being the fee payable to the commissioner in uncontested matters.

CRITICAL

Applies to

Guardian ad litem fee

Unless a motion for an additional fee with supporting affidavit is filed, the Clerk must pay the deposited fee to the Guardian ad Litem upon final judgment or another court order acknowledging completion of the appointment.

Unless a Motion for additional fee is filed, accompanied by an affidavit supporting the basis for same, the Clerk of the Court shall pay the deposited fee to the Guardian ad Litem upon the entry of a final judgment of the Court for the matter in which the Guardian ad Litem was appointed or upon other Order of the Court which acknowledges that the Guardian ad Litem has discharged his or her duties in satisfaction of the appointment.

CRITICAL

Applies to

Warning order attorney fee

The Clerk must pay the deposited fee to the Warning Order or Military Warning Order Attorney when the presiding judge enters an order acknowledging the report was filed in satisfaction of the appointment, unless a motion for an additional fee with supporting affidavit is filed.

Unless a Motion for additional fee is filed accompanied by affidavit supporting the basis for same, the Clerk of the Court shall pay the deposited fee to the Warning Order/Military Warning Order Attorney upon the entry of an Order by the presiding judge which acknowledges the filing of the report of same in satisfaction of the appointment in conformance with the applicable statutes and rules.

CRITICAL

Fee

50

Applies to

Motion

A $50 reopening fee is not charged for specified Title IV-D child-support motions, but is charged for specified later motions filed by a private attorney or pro se party unless the motion is in forma pauperis.

Pursuant to FCRPP 14(1) a $50.00 reopening fee shall not be paid for motions in cases brought pursuant to Title IV-D of the Social Security Act for child support modification or enforcement. However, where an action is initiated pursuant to Title IV-D but subsequent motions regarding child support, custody, visitation or shared-parenting time are brought by a private attorney or are filed by a party pro se, rather than by Title IV-D counsel, the fee shall be charged unless the motion is brought in forma pauperis.

CRITICAL

Fee

$60

The Domestic Relations Commissioner receives $60 per hour, assessed at $15 for each quarter hour or part thereof.

7.02 Pursuant to FCRPP 4(5), the domestic relations commissioner shall receive a fee of $60 per hour, assessed at a rate of $15.00 for each quarter hour or part thereof.

CRITICAL

Applies to

Motion to vacate and expunge plea

Vacating and expunging the plea after successful diversion completion is conditioned on payment of any appropriate fee or charge, except for good cause shown.

If the defendant successtilly completes the provisions of the pretrial diversion agreement, then upon motion, with notice to the Commonwealth, and upon payment of any appropriate fee or charge, except for good cause shown, his plea of guilty shall be vacated and expunged from the record, and shall not inculpale the Defendant for any purpose to the extent permitted by law.

CRITICAL

Fee

250 dollars

Applies to

Appointment request

A party seeking appointment of a Guardian ad Litem must deposit a $250 advance fee with the Clerk when making the request, unless permitted to proceed in forma pauperis.

Any party, except one permitted to proceed in forma pauperis, who desires the appointment of a Guardian ad Litem shall deposit with the Clerk of the Court, at the time the request for same is made, the sum of two hundred and fifty ($250.00) dollars as an advance Guardian ad Litem tee.

CRITICAL

Applies to

Motion day hearing

When a Motion Day hearing fee exceeds $15, the commissioner must consider both parties' financial resources and the cause of the motion, and the fees must be paid to the Clerk within ten days after the hearing.

9.03 In the event the Commis: ioner bills parties more than the $15.00 fee for a Motion Day hearing, the Domestic Relations Commissioner shall consider the financial resources of both parties and the caus: for the motion. The bill shall be sent in care of the party's attorney. The fees shall he paid to the Clerk of the Circuit in which the action is pending within ten days of the hearing.

CRITICAL

Fee

100 dollars

Applies to

Appointment request

A party seeking appointment of a Warning Order Attorney or Military Warning Order Attorney must deposit a $100 advance fee with the Clerk when making the request, unless permitted to proceed in forma pauperis.

Any party, except one permitted to proceed in forma pauperis, who desires the appointment of a Warning Order Attorney or Military Warning Order Attorney shall deposit with the Clerk of the Court, at the time the request for same is made, the sum of one hundred ($100.00) dollars as an advanced Warning Order/Military Warning Order Attorney fee.

CRITICAL

Fee

$15

Applies to

Motion day hearing

For each post-initial regular Motion Day hearing, the moving party must pay a $15 fee in advance, subject to stated exemptions and a refund if the motion is remanded with timely notice.

9.02 For each hearing after the initial hearing scheduled on a regular Motion Day, the motioning party shall pa;' in advance the sum of $15.00 with the Clerk of the Court as costs collected for Domestic Relations Commissioner. The fee shall be payable to the Commissioner pursuant :0 DrR 9.04. In the event the motionir g party remands the motion prior to the hearing by notification to the clerk and the Domestic Relations Commissioner, the fee shall be refunded. For Grayson County, the notification must be made by Noon on the Friday before the motion day. For Breckinridge County, the notification must before Noon on Monday before the motion day. For Meade County, the notification must be made by Noon on Tuesday before the motion day. This payment of fees does not apply to the County Attorney's Office in IVD child support matters or partie: proceeding in forma pauperis.

CRITICAL

7.03 In the event the Commissioner bills parties more than the $15.00 fee for a Motion Day hearing, the Domestic Relations Commissioner shall consider the financial resources of both parties and the cause for the motion. The bill shall be sent in care of the party's attorney. The fees shall be paid to the Clerk of the Circuit in which the action is pending within five days of the hearing pursuant to FCRPP

7.03 In the event the Commissioner bills parties more than the $15.00 fee for a Motion Day hearing, the Domestic Relations Commissioner shall consider the financial resources of both parties and the cause for the motion. The bill shall be sent in care of the party's attorney. The fees shall be paid to the Clerk of the Circuit in which the action is pending within five days of the hearing pursuant to FCRPP

CRITICAL

Applies to

Domestic Relations proceeding filing

The initial Domestic Relations Commissioner's fee is paid upon filing in the Circuit Court Clerk’s office.

In addition to the initial Domestic Relations Commissioner's fee paid upon filing in the Circuit Court Clerk's office,

CRITICAL

Fee

15

The $15 fee must be paid for a motion to be docketed, outstanding hearing balances prevent additional motions from being docketed, and the payment requirement does not apply to the stated exceptions.

not accompanied by the $15 fee will not be docketed; and, when there is an outstanding balance for hearings held, additional motions will not be docketed until the balance is paid in full. In the event the motioning party remands the motion prior to the hearing by notification to the clerk and the Domestic Relations Commissioner, the fee shall be refunded. For Grayson County, the notification must be made by Noon on the Friday before the motion day. For Breckinridge County, the notification must be made by Noon on Monday before the motion day. For Meade County, the notification must be made by Noon on Tuesday before the motion day. This payment of fees does not apply to the County Attorney's Office in IV-D child support matters or parties proceeding in forma pauperis.

CRITICAL

Fee

$15

Applies to

Motion for hearing

A $15 fee is due when any motion for hearing is filed and covers the first quarter hour; additional hearing fees are due within five working days after the hearing and are paid as directed by the Court.

A fee of $15 shall be paid upon the filing of any motion for hearing and will cover the first quarter hour or any portion thereof of the hearing on the motion. Any fee due for hearings beyond a quarter of an hour will be due 5 working days following any hearing and will be paid by the parties as directed by the Court.

WARNING

Applies to

Application for additional costs

For extraordinary postage expenses or public advertisement costs over $25, the Warning Order or Military Warning Order Attorney may file notice and apply for additional costs.

In the event of extraordinary postage expense or public advertisement costs in excess of $25.00, the Warning Order/Military Warning Order Attorney may file notice and application for additional costs.

WARNING

The fee is refunded if the motioning party remands the motion before the hearing and notifies the clerk and Domestic Relations Commissioner by the county-specific deadline.

In the event the motioning party remands the motion prior to the hearing by notification to the clerk and the Domestic Relations Commissioner, the fee shall be refunded. For Grayson County, the notification must be made by Noon on the Friday before the motion day. For Breckinridge County, the notification must be made by Noon on Monday before the motion day. For Meade County, the notification must be made by Noon on Tuesday before the motion day.

WARNING

Applies to

Motion day hearing

The Domestic Relations Commissioner may bill either party additional fees when appropriate.

This rules does not prech de the Domestic Relations Commissioner from billing either party additional fees if appropriate.

WARNING

The Clerk must remit the Commissioner's fees and costs received to the Commissioner once each month.

7.04 Pursuant to FCRPP 4(5), the Clerk shall remit to the Commissioner the Commissioner's fees and costs received once each month.