Local Procedure Information for Attorneys

PLEASE READ: All orders addressing Custody, Parenting Time, Child Support, Spousal Support, and related issues MUST be submitted to the Friend of the Court for review and approval at least 24 hours (not including weekends or holidays) prior to the date and time of entry. Orders for support or spousal support must be on approved Uniform Support Order forms with local Addendum. Temporary Orders and Judgments must be submitted with a Judgment Information Form. Uniform Support Orders for direct payment or $0 support must be accompanied by an Order Exempting Case from Friend of the Court Services and Advice of Rights regarding Friend of Court Services. Recent case law mandates strict adherence to the requirement to address the deviation factors when support deviates from the formula, and attorneys should use the Local Support Formula Deviation Addendum posted on this site.

Referee Hearing. Attorneys or parties may schedule motions to modify; Custody, Parenting Time, Change of Domicile or Legal Residence, to establish or modify Support, or Parenting Time and Support. The motion must be filed with the appropriate fees at the County Clerks office. A hearing date and time may be obtained from the Friend of the Court Office; a separate order for referral for referee hearing is not necessary for these motions.

Temporary Hearings. In order to expedite consideration of temporary orders, a party or their attorney may request a hearing before the referee for a temporary recommendation regarding custody, parenting time, support and/or spousal support. The request is made to the Friend of the Court and the hearing will be scheduled once a proof of service is filed with the County Clerk and a verified statement is filed with the Friend of Court. The Friend of the Court will schedule and send notices for the hearing. At the hearing the Referee will provide a recommendation and require the attorney or party to draft a proposed order pursuant to the recommendation. The Referee will then direct the attorney or the party how to enter the proposed order based upon the recommendation.

De novo objection. Friend of the Court will send out copies of the proposed order and the notice of right to de novo hearing to the parties and attorneys of record. If a proper and timely objection is received, the Friend of the Court will schedule the de novo hearing with the court and send notices of the de novo hearing to the parties and any attorneys of record. De novo hearings will be conducted during the Friend of the Court docket.

Notice of entry under the 7 day rule. The Court requires that any objections to the entry of a domestic relations order under the 7 day rule must be filed with the County Clerks office and served by the objecting party on all parties and attorneys of record in addition to the Friend of the Court office. The objection paperwork shall include a Praecipe, a notice of hearing on the objection, a copy of an alternate proposed judgment or order and a $20 filing fee paid to the County Clerks office.

Entry of orders pursuant to Friend of the Court investigation and recommendation: When a recommendation is issued by the Friend of the Court after referral for investigation, the attorney(s) in the case are responsible to prepare a proposed order consistent with the recommendation and notice the matter on before the court. The Court will determine which issues are resolved and whether an evidentiary hearing needs to be scheduled. Parties undergoing an investigation (through Friend of Court) for the purpose of recommendation are advised to submit the Income Worksheet to receive a more timely recommendation.