STATE OF INDIANA )
) SS:
IN THE ST. JOSEPH PROBATE COURT
ST. JOSEPH COUNTY )
WHEREAS, in the exercise of its exclusive juvenile jurisdiction in St. Joseph County, Indiana, IC 31-14 requires this court to determine paternity and related proceedings including concerns of custody, visitation, support determination and enforcement, and emancipation; and
WHEREAS, in the exercise of their exclusive dissolution of marriage jurisdiction in St. Joseph County, Indiana, IC 31-15 requires the St. Joseph Circuit and Superior Courts to similarly determine concerns of custody, visitation, and support determination and enforcement in dissolution proceedings; and
WHEREAS, various Indiana trial courts including the St. Joseph Circuit and Superior Courts have for a number of years adopted standard attorney fee schedules to assist the public and the bar with determining appropriate attorney fee charges in dissolution proceedings; and
WHEREAS, this court FINDS that the public and the bar would benefit from the adoption and publication by this court of a standard fee schedule to apply in paternity proceedings filed under IC 31-14;
NOW THEREFORE, effective February 1, 1999, the Court ADOPTS the following standard fee schedule and procedure to be used by the court in considering requests for the payment of attorney fees by an opposing party in matters arising under IC 31-14:
1. Table Of Fees:
| TYPE OF LEGAL SERVICE | STANDARD FEE |
| Complete representation to establish paternity of a child including custody, visitation, child support, surname, and medical expense obligations without prior determination of paternity by birth affidavit pursuant to IC 31-14-2-1 and IC 16-37-2-2.1. |
|
| Complete representation regarding custody, visitation, child support, surname, and medical expense obligations with a prior determination of paternity by birth affidavit pursuant to IC 31-14-2-1 and IC 16-37-2-2.1. |
|
| Petition to emancipate a child or to modify child support. |
|
| Child support enforcement by contempt (i.e., Rule To Show Cause) determined with no more than two (2) hearings. |
|
| Petition to modify custody. |
|
| Hourly charge for other services. |
|
2. Use Of Table Of Fees. In determining fee requests in cases arising under IC 31-14, the court must exercise its discretion in the application of the preceding table to a given case, there being no presumption that a specific award of fees will be granted in any case.(1)
3. Affidavits. When attorney fees are requested from another party, at the hearing where evidence is received on a fee request--or upon filing an agreed stipulation including an agreement for the payment of fees with the clerk--counsel seeking the fee payment must submit a Fee Affidavit which will be filed with the case record. In the event of a contested fee request, opposing counsel may cross-examine the attorney seeking a fee payment regarding the contents of the Fee Affidavit. The following information must be included in the Fee Affidavit:
a. the requested fee and the way it was calculated,
b. the amount counsel has billed, contracted for or been promised, and
c. the amount counsel has received from all sources(2).
4. Fees Beyond The Standard Fees. Counsel seeking the payment of fees may request payment of fees in excess of those scheduled in the preceding Table Of Fees. In considering requests for the payment of a larger fee, the court will evaluate the time and labor required, the novelty, complexity, or difficulty of the questions involved and the skill required to perform the services properly. The court also will consider the ability of each party to actually pay for the legal services involved.
5. Publication On The Internet. As contemplated by the Indiana Supreme Court in its recent amendment of Trial Rule 77 allowing the public to electronically access court information and records, this GENERAL ORDER may be posted by the court on its WebSite found on the Internet at http://users.michiana.org/probate.
Dated this the 14th day of January, 1999.
