Friday, January 30, 2009

Mandatory Discovery for Divorce and Child Support Cases - Allen County

When I wrote Mandatory Discovery for Indiana?, I was not looking at the local rules from any of our counties. Several counties do have Local Rules amounting to mandatory discovery. I am going to review the counties where my practice runs for Local Rules with a bent towards mandatory discovery. I am starting today with Allen County.

To a certain extent this and the other posts will overlap my More counties with financial declarations, but I will try to avoid any unnecessary repetition.


Provisional Orders and Modification of Support
At least three (3) business days before a scheduled hearing regarding provisional orders or modification of child support (except support matters enforced by the State), each party shall deliver to all other parties to the case the following materials:
1. Their three (3) most recent pay stubs for all employers;
2. Their most recent W-2s, 1099s, and federal income tax returns with
all schedules and attachments;
3. Documentation regarding work related child care expenses;
4. Documentation regarding health insurance premiums;
5. Documentation regarding child support orders for other children;
6. Proposed Child Support Obligation Worksheets; and
7. Any exhibit or document that each party intends to submit to the
Those seven categories cut down on a lot of discovery and that should cut down costs a bit. Yes, one still has to process all that material. Combined with a financial declaration requirement adds to the ability to present a better case on the parties' finances which plays a large part in dividing marital property and child support. The following Rule helps in the cases where there is real estate:
LR02-TR26-712 Exchange of Appraisals: Mandatory Discovery
At least sixty (60) days prior to the final hearing the parties shall
exchange copies of all real estate and personal property appraisals that will be offered into evidence at the final hearing.
I must note that this Rule seemingly acknowledges that a Final Hearing will not be set 60 days after the date of filing where there is real estate.

If I were to suggest a prototype for a state-wide rule on mandatory discovery, these Rules would be that prototype.

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