Wednesday, November 28, 2007

Offical forms and Indiana - custody bond

Many years ago now I went to work for a legal services program which originated out of Michigan. I remember one of the Michigan lawyers asking where were our official forms. The other attorney and myself looked at him and said "Official forms? Indiana has not got them." His eyes goggled. Well, we really do not.

Since starting this blog, I see a lot of searches by people looking for forms. Indiana has very few forms that are required in a particular format. However, we do have some required forms but they are few and far between. The following is an example of a statute setting out a form. Frankly, I doubt it will be of much help as I have never seen such a thing used in my years of practicing law.

IC 31-17-3.5-2
Bonds; form
Sec. 2. A bond described in section 1 of this chapter may be prepared in substantially the following form:
) SS:
COUNTY OF __________________)
Name of Parent (As the Principal)
Name of Parent (As the Obligee)
Name of Child
KNOW ALL MEN BY THESE PRESENTS, that we _________, as Principal, and _____, as Surety, are held and firmly bound unto _____, as Obligee, in the penal sum of ____ Dollars ($____), for the payment of which well and truly to be made we hereby bind ourselves and our heirs, administrators, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, an Order was duly made and entered by the above Court in the State of Indiana, County of ____, dated ____, defining custody, parenting time, and support rights regarding the named children.
NOW THEREFORE, the conditions of this obligation are such that:
1. No right of action on this bond shall be granted for the use or benefit of any individual, partnership, corporation, or

other entity, other than the named Obligee.
2. It is agreed that neither this bond nor the obligation of this bond, nor any interest in this bond, may be assigned without the prior express written consent of the Surety.
3. Payment under this bond shall be conditioned upon the Obligee's, or the representative of the Obligee's, filing a motion with the court seeking a declaration of forfeiture of the bond and the Court's finding and entry of a final judgment ordering the Principal and Surety to make such payment. A certified copy of the filing shall be provided to the Surety at its address of record. The Surety shall make payment within thirty (30) days of receiving notification of the final judgment directly to a Trustee appointed by the Court who shall administer the funds in a fiduciary capacity.
4. The Surety shall not be liable hereunder for any amount larger than the face amount of this bond.
5. This bond and the obligation hereunder shall terminate and be of no further effect if the Court order requiring it is modified in any way without the Surety's consent, the Court order expires, or this cause is removed to another jurisdiction.
6. The Surety may file a motion with the Court for discharge of this bond and its obligation hereunder for any good cause. Good cause includes, but is not limited to, misrepresentation or fraud in the initial application for this bond, nonpayment of premium, loss of collateral, or resignation of the Indemnitor. The Surety shall give notice of any such motion to the Obligee.
NOW THEREFORE, if said Principal shall faithfully comply with the requirements and conditions of said Court Order within the limitations and parameters set forth therein, then this Obligation shall be void, otherwise it shall remain in full force and effect.
In witness whereof, each party to this bond has caused it to be executed at the place and on the date indicated below.
Signed, sealed and dated on this ____ day of ____, 20___.
Principal: Surety:
__________________________ _________________ _______
(Name and address of Principal) (Name and address of Surety)
__________________________ _________________________
(Signature of Principal) (Countersigned by attorney-in-fact)
(Surety seal)
As added by P.L.171-2001, SEC.10. Amended by P.L.68-2005, SEC.42.

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