Itemized statement of costs
Sec. 2. The clerk of the circuit court shall furnish a statement with
each remittance of change of venue costs. Statements described in
this section must:
(1) show in detail the cause number in the county to which
remittance is made, title of case, and the items of costs paid;
and
(2) be made on forms prescribed by the state board of accounts.
As added by P.L.1-1998, SEC.31.
&DNM.IC 34-57-5
&YENC.
&YAMD.
Chapter 5. Family Law Arbitration
&DNM.IC 34-57-5-1
&YENC.2005
&YAMD.2005
Applicability of chapter
IC 34-57-5-1 Sec. 1. (a) This chapter is applicable only to the family
law matters described in section 2 of this chapter and does not apply to
any other type of arbitration. An appellate court opinion interpreting or
construing this chapter has precedential value only for family law
arbitrations and does not apply to any other type of arbitration.
(b) This chapter is applicable only to an action in which each party
is:
(1) represented by an attorney; or
(2) pro se.
This chapter does not apply if one (1) party is represented by an
attorney and the other party is pro se.
&HST.As added by P.L.112-2005, SEC.2.&EHST.
&DNM.IC 34-57-5-2
&YENC.2005
&YAMD.2005
Family law arbitration authorized; family law arbitration procedures
IC 34-57-5-2 Sec. 2. (a) In an action:
(1) for the dissolution of a marriage;
(2) to establish:
(A) child support;
(B) custody; or
(C) parenting time; or
(3) to modify:
(A) a decree;
(B) a judgment; or
(C) an order;
entered under IC 31;
both parties may agree in writing to submit to arbitration by a family
law arbitrator.
(b) If the parties file an agreement with a court to submit to
arbitration, the parties shall:
(1) identify an individual to serve as a family law arbitrator; or
(2) indicate to the court that they have not selected a family law
arbitrator.
(c) Each court shall maintain a list of attorneys who are:
(1) qualified; and
(2) willing to be appointed by the court;
to serve as family law arbitrators.
(d) If the parties indicate that they have not selected a family law
arbitrator under subsection (b)(2), the court shall designate three (3)
attorneys from the court's list of attorneys under subsection (c). The
party initiating the action shall strike one (1) attorney, the other party
shall strike one (1) attorney, and the remaining attorney is the family
law arbitrator for the parties.
(e) In a dissolution of marriage case, the written agreement to
submit to arbitration must state that both parties confer jurisdiction on
the family law arbitrator to dissolve the marriage and to determine:
(1) child support, if there is a child of both parties to the marriage;
(2) custody, if there is a child of both parties to the marriage;
(3) parenting time, if there is a child of both parties to the
marriage; or
(4) any other matter over which a trial court would have
jurisdiction concerning family law.
&HST.As added by P.L.112-2005, SEC.2.&EHST.
&DNM.IC 34-57-5-3
&YENC.2005
&YAMD.2005
Validity of family law arbitration agreement
IC 34-57-5-3 Sec. 3. Unless both parties agree in writing to
repudiate the agreement, an agreement to submit to arbitration by a
family law arbitrator under this chapter is:
(1) valid;
(2) irrevocable; and
(3) enforceable;
until the judgment is entered in the matter in which arbitration has
taken place.
&HST.As added by P.L.112-2005, SEC.2.&EHST.
&DNM.IC 34-57-5-4
&YENC.2005
&YAMD.2005
Residency requirements
IC 34-57-5-4 Sec. 4. For arbitration to take place under this chapter,
at least one (1) of the parties must have been:
(1) a resident of Indiana; or
(2) stationed at a United States military installation in Indiana;
for at least six (6) months immediately preceding the filing of the
petition or cause of action.
&HST.As added by P.L.112-2005, SEC.2.&EHST.
&DNM.IC 34-57-5-5
&YENC.2005
&YAMD.2005
Guidelines
IC 34-57-5-5 Sec. 5. (a) A family law arbitrator shall comply with
the:
(1) child support; and
(2) parenting time;
guidelines adopted by the Indiana supreme court in family law
arbitration if there is a child of both parties to the marriage.
(b) Before assuming the duties of a family law arbitrator, a family
law arbitrator must take an oath to:
(1) faithfully perform the duties of the family law arbitrator; and
(2) support and defend to the best of the family law arbitrator's
ability the constitution and laws of Indiana and the United States.
(c) The family law arbitrator shall sign a written copy of the oath
described in subsection (b) and submit the signed copy to the court.
&HST.As added by P.L.112-2005, SEC.2.&EHST.
&DNM.IC 34-57-5-6
&YENC.2005
&YAMD.2005
Record of proceeding
IC 34-57-5-6 Sec. 6. (a) A record of the proceeding in family law
arbitration may be requested by either party if written notice is given
to the family law arbitrator not more than fifteen (15) days after the
family law arbitrator has been selected.
(b) Written notice under subsection (a) must specify the requested
manner of recording and preserving the transcript.
(c) The family law arbitrator may select a person to record any
proceedings and to administer oaths.
&HST.As added by P.L.112-2005, SEC.2.&EHST.
&DNM.IC 34-57-5-7
&YENC.2005
&YAMD.2005
Written findings of fact and conclusions of law
IC 34-57-5-7 Sec. 7. (a) Except as provided in subsection (b), the
family law arbitrator shall make written findings of fact and
conclusions of law not later than thirty (30) days after the hearing.
(b) If both parties consent, the period for the family law arbitrator
to make written findings of fact and conclusions of law may be
extended to ninety (90) days after the hearing.
(c) The family law arbitrator shall send a copy of the written
findings of fact and conclusions of law to:
(1) all parties participating in the arbitration; and
(2) the court.
(d) After the court has received a copy of the findings of fact and
conclusions of law, the court shall enter:
(1) judgment; and
(2) an order for an entry on the docket regarding the judgment.
&HST.As added by P.L.112-2005, SEC.2.&EHST.
&DNM.IC 34-57-5-8
&YENC.2005
&YAMD.2005
Division of property in dissolution of marriage
IC 34-57-5-8 Sec. 8. (a) In a dissolution of marriage case, the family
law arbitrator shall:
(1) divide the property of the parties, regardless of whether the
property was:
(A) owned by either party before the marriage;
(B) acquired by either party in his or her own right:
(i) after the marriage; and
(ii) before final separation of the parties; or
(C) acquired by their joint efforts; and
(2) divide the property in a just and reasonable manner by:
(A) division of the property in kind;
(B) setting the property or parts of the property over to one (1)
of the parties and requiring either party to pay an amount,
either in gross or in installments, that is just and proper;
(C) ordering the sale of the property under the conditions the
family law arbitrator prescribes and dividing the proceeds of
the sale; or
(D) ordering the distribution of benefits described in IC
31-9-2-98(b)(2) or IC 31-9-2-98(b)(3) that are payable after
the dissolution of marriage, by setting aside to either of the
parties a percentage of those payments either by assignment or
in kind at the time of receipt.
(b) The division of marital property under this section must comply
with IC 31-15-7-5.
&HST.As added by P.L.112-2005, SEC.2.&EHST.
&DNM.IC 34-57-5-9
&YENC.2005
&YAMD.2005
Summary dissolution decrees in dissolution of marriage
IC 34-57-5-9 Sec. 9. In a dissolution of marriage case, at least sixty
(60) days after the petition or cause of action is filed, the family law
arbitrator may enter a summary dissolution decree without holding a
hearing if verified pleadings have been filed with the family law
arbitrator, signed by both parties, containing:
(1) a written waiver of hearing; and
(2) either:
(A) a statement that there are no contested issues in the action;
or
(B) a written agreement made in accordance with IC 31-15-2-7
that settles any contested issues between the parties.
&HST.As added by P.L.112-2005, SEC.2.&EHST.
&DNM.IC 34-57-5-10
&YENC.2005
&YAMD.2005
Award modification after written findings of fact and conclusions of
law are made
IC 34-57-5-10 Sec. 10. A family law arbitrator may modify an
award after making written findings of fact and conclusions of law if:
(1) a party makes a fraudulent misrepresentation during the
arbitration;
(2) the family law arbitrator is ordered to modify the award on
remand; or
(3) both parties consent to the modification.
&HST.As added by P.L.112-2005, SEC.2.&EHST.
&DNM.IC 34-57-5-11
&YENC.2005
&YAMD.2005
Appeals
IC 34-57-5-11 Sec. 11. An appeal may be taken after the entry of
judgment under section 7(d) of this chapter as may be taken after a
judgment in a civil action.
&HST.As added by P.L.112-2005, SEC.2.&EHST.
&DNM.IC 34-57-5-12
&YENC.2005
&YAMD.2005
Family law arbitrator fees
IC 34-57-5-12 Sec. 12. (a) Except as provided in subsection (b), fees
for the family law arbitrator shall be shared equally by both parties
unless otherwise agreed in writing.
(b) The family law arbitrator may order a party to pay:
(1) a reasonable amount for the cost to the other party of:
(A) maintaining; or
(B) defending;
any proceeding under this chapter; and
(2) attorney's fees, including:
(A) amounts for legal services provided; and
(B) costs incurred:
(i) before the commencement of the proceedings; or
(ii) after entry of judgment.
(c) Fees for the family law arbitrator shall be paid not later than
thirty (30) days after the court enters judgment.
&HST.As added by P.L.112-2005, SEC.2.&EHST.
&DNM.IC 34-57-5-13
&YENC.2005
&YAMD.2005
Application of Indiana Supreme Court Rules for Alternative Dispute
Resolution
IC 34-57-5-13 Sec. 13. The Indiana Supreme Court Rules for
Alternative Dispute Resolution apply to family law arbitration in all
matters not covered by this chapter.
&HST.As added by P.L.112-2005, SEC.2.&EHST.
&DNM.IC 34-55-5
&YENC.
&YAMD.
Chapter 5. Personal Property Taken in Execution of Judgment
&DNM.IC 34-55-5-1
&YENC.1998
&YAMD.1998
Return of property to execution defendant
IC 34-55-5-1 Sec. 1. (a) Any personal property taken in execution
may be returned to the execution defendant by the sheriff, upon the
delivery by the defendant to the sheriff of a written undertaking
described in subsection (b).
(b) The written undertaking must be:
(1) payable to the execution plaintiff, with sufficient surety to be
approved by the sheriff; and
(2) to the effect that the property shall be delivered to the sheriff
at a time and place named in the undertaking, to be sold:
(A) according to law; or
(B) for the payment to the sheriff of:
(i) the appraised value of the property; or
(ii) if the property has not been appraised, the fair value of
the property.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-5-2
&YENC.1998
&YAMD.1998
Appraisal of property
IC 34-55-5-2 Sec. 2. (a) Before the sheriff delivers any part of the
property to the defendant, the sheriff shall cause the property to be
appraised in the manner prescribed by law when an appraisement of the
property is required.
(b) The defendant may sell or dispose of the property, paying the
officer the full appraised value of the property.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-5-3
&YENC.1998
&YAMD.1998
Nondelivery of property; duty of sheriff to levy and sell
IC 34-55-5-3 Sec. 3. In case of the nondelivery of the property
according to the undertaking, the sheriff shall levy upon and sell the
property, or any other property of the defendant, as soon as practicable,
at any time before the return day of the execution.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-5-4
&YENC.1998
&YAMD.1998
Forfeiture of undertaking; endorsement
IC 34-55-5-4 Sec. 4. Upon the forfeiture of the written undertaking,
the officer shall immediately return it endorsed "forfeited" to the clerk's
office for the use of the plaintiff.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-5-5
&YENC.1998
&YAMD.1998
Actions on undertakings; damages
IC 34-55-5-5 Sec. 5. The written undertaking is valid in law. An
action may be brought on the written undertaking, whenever the
condition of the written undertaking is broken, and on recovery. The
value of the property so taken, with damages not exceeding ten percent
(10%) on the value, shall be assessed in favor of the plaintiff. However,
the recovery may not exceed the amount due on the execution, and ten
percent (10%) on the principal.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-5-6
&YENC.1998
&YAMD.1998
Execution without stay
IC 34-55-5-6 Sec. 6. On judgment obtained on the written
undertaking, execution shall issue immediately, without stay,
returnable in thirty (30) days, and the sheriff shall not return to the
execution defendant any property levied on, except upon payment of
the judgment.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
Last modified: May 24, 2006