Rule 68 - Dissolution of Marriage
Rule 68 - Form 6804I - Order Appointing Special Master Concerning Pendente Lite Orders
IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI
FAMILY COURT DIVISION
At Kansas City At Independence
IN RE THE MARRIAGE OF:
______________________________ Petitioner, Case No. ______________
ORDER APPOINTING SPECIAL MASTER CONCERNING PENDENTE LITE ORDERS
_____________'s application pursuant to Jackson County Circuit Court Local Rule 68.04 for an oral hearing to review the pendente lite order entered herein on *(date)is granted.
IT IS HEREBY ORDERED that _______________[attorney's name] shall be appointed Special Master for the sole purpose of hearing testimony and reviewing competent evidence to determine whether to modify the pendente lite order of ___________[date].
IT IS FURTHER ORDERED that the Special Master shall conduct an oral hearing within 15 days of the date of this order. The Special Master shall spend no more than four hours on this matter, not more than two of which shall be for the hearing. The hearing time shall be allocated equally between the parties.
IT IS FURTHER ORDERED that __________ shall deposit $__________ with the Court Administrator of Jackson County, Missouri for security of payment of the Master's compensation. The Special Master is not required to proceed unless the sum ordered herein is timely deposited with the Court Administrator prior to the date of the oral hearing.
IT IS FURTHER ORDERED that ___________ shall within 5 days of this order provide the Master with copies of all pleadings filed with the court by either party relating to the pendente lite order as well as the address and telephone number of any party not represented by counsel.
IT IS FURTHER ORDERED that the Special Master shall conduct the oral hearing in accordance with the procedures set forth in Jackson County Circuit Court Local Rule Number 68.04 and shall have the powers set forth in Rule 68.01(a), Missouri Rules of Civil Procedure and further shall have power to perform all acts necessary and proper for the efficient performance of the duties under this order including the power to require the production of evidence; rule on the admissibility of evidence presented; issue an oath to witnesses and call and examine as witnesses all parties.
IT IS FURTHER ORDERED that the hearing will be conducted on the record only if a party arranges for the attendance of a court reporter. The costs for the court reporter's attendance and preparation of the original transcript shall be solely that of the party requesting the record.
IT IS FURTHER ORDERED that the Master shall submit a written report to the Court and to each of the parties within 5 days of the date of the hearing which shall recite the following:
1. The time and place of the hearing.
2. The appearance or nonappearance of the parties and counsel at said hearing.
3. The gross monthly income of Petitioner and of Respondent.
4. The amount of temporary child support presumed correct pursuant to the guidelines of Rule 88.01, Missouri Rules of Civil Procedure and, if appropriate, the reasons why the Master determined that the Rule 88.01 guidelines presumed amount is unjust or inappropriate.
5. Designation of the party required to maintain medical, dental or vision insurance on the minor children and the name of each health benefit plan insuring the children.
6. The allocation between the parties of the costs of medical, dental, vision, prescription and orthodontic expenses of the children not paid by insurance.
7. If applicable, whether temporary attorney fees and temporary costs should be awarded and if so, the amounts of same.
8. A statement of facts considered by the Master in making the determination.
9. A statement of the time spent and services rendered in the discharge of the Master's duties.
10. A Form 14 showing the Master's child support calculations.
11. If maintenance is requested, the reasonable monthly needs of each party.
12. If applicable, the amount of temporary maintenance determined to be appropriate or if temporary maintenance is determined to be inappropriate, the reasons for same.
Adopted by Court en banc 3/22/96Form 6804I