Saturday, November 28, 2009

Financial Declarations: Vanderburgh County, Indiana

I do not go as far afield as Vanderburgh County (Evansville) but only include this for comparison sake as I am working my through the local rules of our 92 counties.  Those interested in how the different counties deal with financial declarations may want to take a look at Fayette County Local Rules: FINANCIAL DECLARATION FORM and Financial Declarations:  Madison County, Indiana.

Vanderburgh County 's Financial Declaration comes in Microsoft Word instead of PDF format and is found here.

Financial Declaration Form
A. Requirement. In all relevant family law matters, including dissolution, separation, paternity, post-decree and support proceedings and excepting Rule 4.05(E) hearings, the parties shall simultaneously exchange a Financial Declaration Form seven (7) days prior to any contested hearing and a copy of the same with a green paper cover sheet shall be filed with the Court on the date of the hearing (See Appendix B). These time limits may be amended by Court order for good cause shown.
B. Exceptions. The Financial Declaration Form need not be exchanged if:
1. The parties agree in writing to waive exchange;
2. The parties have executed a written agreement which settles all financial issues;
3. The proceeding is one in which the service is by publication and there is no
response; or
4. The proceeding is post-decree and concern issues without financial
implications. Provided, however, when the proceeding is post-decree and
concerns only an arrearage, the alleged delinquent party shall complete the
entire Form, which the support recipient needs to complete merely that portion
thereof which requires specifications of the basis of the arrearage calculation
(with appropriate supporting documentation).
C. Admissibility. Subject to specific evidentiary challenges, the Financial Declaration shall be admissible into evidence upon filing. The submission of the Financial Declaration Form shall not prohibit any other relevant discovery permitted under the Indiana Trial Rules.
D. Financial Declaration – Mandatory Discovery. The exchange of Forms constitutes mandatory discovery. Thus, Ind. Trial Rule 37 sanctions apply. Additionally, pursuant to Ind. Trial Rule 26(E)(2) and (3), the Form shall be supplemented if additional material becomes available.

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