Free EXPEDITED CHILD SUPPORT PROCESS - Minnesota

EXPEDITED CHILD SUPPORT PROCESS MOTION FOR REVIEW / COMBINED MOTION
IMPORTANT NOTICES YOU CAN USE THE MOTION FOR REVIEW / COMBINED MOTION FORM ONLY IF you are asking the court to review a child support order that recently was decided in the expedited child support process. · · · · · The court will consider your request without a hearing. Court personnel, the county attorney's office, and the child support office cannot help you fill out these forms. You may need to speak with a lawyer if you do not know how to answer the questions on these forms. You must fill out the Motion for Review / Combined Motion form and the Affidavit of Service form. Read and follow the instructions completely. Type your answers or print neatly using dark ink.

GENERAL INFORMATION The Motion for Review / Combined Motion form is for use by individuals who want the court to review a recently decided support order. The purpose of the review is to request the court to amend or make changes to the terms of the order, to allow new evidence to be submitted, or to request a new hearing based upon errors made by the court. If you are requesting the court to make typographical, clerical, or mathematical corrections in addition to changing the terms of the order, put a check mark in the box for "Combined Motion". You may not use these forms to bring other requests or questions before the court. Court forms are for use by individuals representing themselves or for attorneys. They are not a substitute for use of an attorney. Using court forms will not guarantee that the court will grant your request. When filling out the forms be as accurate and as detailed as possible. The court needs to clearly understand what you believe to be mistakes or errors before the court can make any corrections or changes to the order.

Helpful materials may be found at your public county law library. For a directory, see http://www.lawlibrary.state.mn.us/cllppubdir.rtf . For more information, contact your court administrator or call the Minnesota State Law Library at 651-296-2775.

CSX801 State

ENG

Rev 3/08

www.mncourts.gov/forms

Page 1 of 4

INSTRUCTIONS STEP 1 FILL OUT THE "MOTION FOR REVIEW / COMBINED MOTION" FORM The information to fill in the boxes and blanks at the top of the form can be found at the top of your current child support order, including: · The county where your case is located and where the current order was issued (which may be different from the county where you live). · The number of the judicial district. · The court file number. · The name of the Petitioner/Plaintiff. · The name of the Respondent/Defendant. If you are the Petitioner/Plaintiff in the current order or decree you will be the Petitioner/Plaintiff in this motion. If you are the Respondent/Defendant in the current order or decree you will be the Respondent/Defendant in this motion. Decide whether you are bringing a Motion for Review or a Combined Motion. A Motion for Review includes a request to make changes to the terms of the Order. A Combined Motion includes a request to make typographical, clerical, or mathematical mistakes in addition to changing the terms of the order. Check either the "Motion for Review" box or the "Combined Motion" box. Request 1: Decide who you want to review your request - the child support magistrate who issued the order or a district court judge. Check off the appropriate box. List all the parts of the order you want reviewed, the reasons why the review is requested, and describe the specific changes requested. You may request as many changes as you wish, but it will be up to the court to decide what changes (if any) will actually be ordered. Include any other changes you would like the court to make. If you would like to submit new or additional evidence that supports the changes, check the box and explain what type of evidence you want to submit and why you did not submit it earlier. Do not submit the additional evidence with your motion at this time. The court must first approve your request before additional evidence can be submitted. If you are requesting a new hearing, check off the box and explain why you are requesting a new hearing. If you ordered a transcript, check off the box and fill in the date you filed your Request for Transcript.

Request 2:

Request 3: Request 4:

Request 5:

Request 6:

CSX801 State

ENG

Rev 3/08

www.mncourts.gov/forms

Page 2 of 4

STEP 2 MAKE COPIES OF FORMS After the forms are completely filled out, make three copies of the "Motion For Review / Combined Motion" form. Keep one copy of the form for yourself. STEP 3 HAVE COPIES OF THE MOTION SERVED ON THE OTHER PARTY AND COUNTY ATTORNEY'S OFFICE You must arrange for the other party and the county attorney's office to receive copies of your papers. This is called "service of process." A copy of the motion must be served upon all parties, either personally or by mail. If the other party is represented by an attorney, the documents must be served on the attorney instead of the party. Personal service: documents are hand delivered to the other party personally or by leaving the documents at the other party's place of residence with some person who is of suitable age or discretion who also lives at the same residence. Mail service: documents are mailed by first class U.S. mail to the other party no later than 10 days from the date the original motion was served upon you. If using personal service, the documents must be hand delivered upon the other party (or his/her attorney if there is one) and the county attorney's office within 20 days of the date the Court Administrator served the Notice of Filing of Order. The Notice of Filing of Order is attached to the order you are asking to be reviewed and gives you instructions and time frames for filing a motion for review. If using mail service, the documents must be mailed to the other party (or his/her attorney if there is one) and to the county attorney's office at least 23 days from the service of the Notice of Filing. If your documents are not personally served or mailed upon the other party (or his/her attorney) and the county attorney's office within the specific time frames stated above, your motion may not be reviewed by the court. NOTE! YOU CANNOT HAND DELIVER OR MAIL THE MOTION YOURSELF. YOU MUST HAVE SOMEONE ELSE OVER THE AGE OF 18 WHO IS NOT A PARTY TO THE CASE HAND DELIVER OR MAIL THE MOTION FOR YOU.

CSX801 State

ENG

Rev 3/08

www.mncourts.gov/forms

Page 3 of 4

STEP 4 COMPLETE THE "AFFIDAVIT OF SERVICE" FORM The person who hand delivers or mails the motion must fill out an "Affidavit of Service" form for each party served. NOTE! THE PERSON WHO HAND DELIVERS OR MAILS THE MOTION MUST SIGN THE "AFFIDAVIT OF SERVICE" IN FRONT OF A NOTARY PUBLIC OR THE COURT ADMINISTRATOR. MAKE SURE THE PERSON BRINGS PICTURE IDENTIFICATION TO SHOW TO THE NOTARY PUBLIC OR CLERK. STEP 5 FILE THE FORMS WITH COURT ADMINISTRATION The original "Motion for Review / Combined Motion" and "Affidavit of Service" must be filed with court administration in the county where your case is located.

CSX801 State

ENG

Rev 3/08

www.mncourts.gov/forms

Page 4 of 4