Free EXPEDITED CHILD SUPPORT PROCESS - Minnesota

EXPEDITED CHILD SUPPORT PROCESS INSTRUCTIONS FOR RESPONSE TO MOTION TO MODIFY SUPPORT USE CHILD SUPPORT FORMS FOR EXPEDITED PROCESS ONLY IF: (1) (2) (3) There is already an existing court order setting or reserving support; You are asking the court to change basic support, medical support, and/or child care, and You and/or the other party receive public assistance or child support enforcement services (Title IV-D services) from the local child support enforcement agency.

You cannot use child support forms for the expedited process to change spousal maintenance, parenting time (visitation) or custody New terms: Joint child ­ is the dependent child of both parents in the support action. Nonjoint child ­ is the legal child of one, but not both parents in the support action. 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 the forms. You must fill out all forms listed in these instructions (the Response to Motion to Modify Support, the Affidavit Supporting Response to Motion to Modify, the Financial Affidavit for Child Support, the Affidavit of Service, Form 11.1 (if necessary), and Form 11.2). Type your answers or print neatly using dark ink. GENERAL INFORMATION When filling out the forms, be as accurate and as detailed as possible. The hearing will be held before a child support magistrate or a district court judge. A court order for child support may be changed by showing that the current support order is unreasonable and unfair because of: Substantial increase / decrease in gross income of a party; Substantial increase / decrease in need of a party or the joint child(ren) involved in this court order; Receipt of public assistance; A change in the cost of living for either party as measured by the Federal Bureau of Labor Statistics; Extraordinary medical expenses of the child not provided for under a health care plan; A change in the availability of appropriate health care coverage or a substantial change in the cost of existing health care coverage; The addition of work-related or education-related child care expenses of the obligee or a substantial increase or decrease in existing work-related or education-related child care expenses; The emancipation of a child. Emancipation may occur by attaining the age of 18, graduating from high school, or joining the military; A change in the residence of the child(ren). If you are now ordered to pay child support and are requesting support to be suspended because the child(ren) is/are living with you, you must provide proof. Examples of things that you can file with the court as proof are: a signed and notarized statement from the other party stating the child(ren) has changed residence school records day care records or medical records
CSX301 State ENG Rev 07/09 www.mncourts.gov/forms Page 1 of 5

INSTRUCTIONS

STEP 1 FILL OUT THE "RESPONSE TO MOTION TO MODIFY CHILD SUPPORT" 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 or your divorce or paternity decree, including: The county where your case is located (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. Fill in the name and last known address of the other party and the name and address of the county attorney where your case is located. In the area marked "Motion", check off only the boxes that list the changes you are asking the court to make ­ you do not need to check off every box. You may check off as many changes as you wish, but it will be up to the court to decide what changes will actually be ordered. STEP 2 FILL OUT THE "AFFIDAVIT IN SUPPORT OF RESPONSIVE MOTION TO MODIFY CHILD SUPPORT" AND THE "FINANCIAL AFFIDAVIT FOR CHILD SUPPORT" FORMS Fill in the top of the form the same way you did on your "Response to Motion to Modify" form. Fill in the information on the "Affidavit in Support of Responsive Motion". Fill in the information on the "Financial Affidavit for Child Support". ONLY DATE AND SIGN YOUR "AFFIDAVIT IN SUPPORT OF RESPONSIVE MOTION" AND YOUR "FINANCIAL AFFIDAVIT FOR CHILD SUPPORT" FORMS WHEN YOU ARE IN FRONT OF A NOTARY PUBLIC OR THE COURT CLERK. MAKE SURE TO BRING PICTURE IDENTIFICATION TO SHOW TO THE NOTARY PUBLIC OR CLERK. A Notary Public can usually be found at a bank and sometimes at the courthouse.

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.

CSX301

State

ENG

Rev 07/09

www.mncourts.gov/forms

Page 2 of 5

Gather documents that support your reasons why the child support order should or should not be changed. Examples of these documents include the following: Proof of your gross income (recent pay stubs, employer statements, or statements of receipts and expenses if you are self-employed. Other documentation may include W-2 forms or copies of your tax returns for the most recent year Proof of unemployment/disability (lay-off notice, doctor's statement, etc.) Verification for status of unemployment compensation claim or worker's compensation claim Verification of receipt and amount of social security income Verification of child care expenses Verification of the cost of medical and/or dental insurance coverage STEP 3 FILL OUT THE "SEALED FINANCIAL SOURCE DOCUMENTS" FORM 11.2. FILL OUT "CONFIDENTIAL INFORMATION" FORM 11.1 WHEN NECESSARY. Certain information is considered confidential and not available to the public. To keep this information private and not available to the public, you must attach Form 11.2 to certain documents that contain confidential information. See Rule 11 of the Minnesota General Rules of Practice for more information. One Form 11.2 can be used for all documents containing confidential information. Examples of documents that have confidential information include: Paycheck stubs, employer statements, W-2 forms, or business income and business expenses Copies of your tax returns and schedules Bank statements Credit card statements Check registers To protect your privacy, the other parties, and your child(ren), all social security numbers, employer identification numbers, and financial account numbers listed on papers you file with the court must be blackened out (crossed out) completely. Failure to do this means these numbers could be available to the general public and you could be charged court costs for the failure to keep your and the other party's social security number, employer identification number, and/or financial account numbers private. Use Form 11.1 to list any of these confidential numbers and file Form 11.1 with the court. If these numbers are already on file with the court, you do not need to submit another Form 11.1. STEP 4 MAKE COPIES OF FORMS Make three copies of the completed "Response to Motion to Modify Child Support" form, three copies of your "Affidavit in Support of Responsive Motion" form, three copies of your "Financial Affidavit for Child Support" form, and three copies of all other documents that support your motion (e.g. paycheck stubs, tax returns, proof of expenses). Do not make copies of Form 11.2 or Form 11.1, unless you want copies for your own records. Keep one copy of each form and one copy of all supporting documents for yourself (remember to bring your copies with you to court on the day of your hearing).

CSX301

State

ENG

Rev 07/09

www.mncourts.gov/forms

Page 3 of 5

STEP 5 HAVE COPIES OF THE FORMS AND SUPPORTING DOCUMENTS 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 complete copies of all forms and supporting documents you have prepared for the hearing. This is called "service of process." A copy of the responsive motion, affidavits, and supporting documents must be served upon all parties, either personally or by mail. If a party is represented by an attorney, the forms and supporting documents must be served on the attorney instead of the party. Personal service: forms and supporting documents are hand delivered to the other party personally or leaving them at that party's place of residence with some person who is of suitable age or discretion who also lives at the same residence. Forms and supporting documents must be hand delivered at least 14 days before the hearing date. Mail service: forms and supporting documents are mailed by first class U.S. mail to the other party and the county attorney's office at least 17 days before the hearing date. If your forms and supporting documents are not timely served upon the other party (or his/her attorney) and the county attorney's office your motion may not be heard by the court. NOTE! YOU CANNOT HAND DELIVER OR MAIL THE DOCUMENTS YOURSELF. YOU MUST HAVE SOMEONE ELSE OVER THE AGE OF 18 WHO IS NOT A PARTY TO THE CASE HAND DELIVER OR MAIL THE DOCUMENTS FOR YOU. STEP 6 COMPLETE THE "AFFIDAVIT OF SERVICE" FORM The person who hand delivers or mails the forms and supporting documents must fill out an "Affidavit of Service" form for each party served. NOTE! THE PERSON WHO HAND DELIVERS OR MAILS THE FORMS AND SUPPORTING DOCUMENTS MUST SIGN THE "AFFIDAVIT OF SERVICE" IN FRONT OF A NOTARY PUBLIC OR A COURT CLERK MAKE SURE THE PERSON BRINGS PICTURE IDENTIFICATION TO SHOW TO THE NOTARY PUBLIC OR CLERK.

CSX301

State

ENG

Rev 07/09

www.mncourts.gov/forms

Page 4 of 5

STEP 7 FILE THE FORMS AND SUPPORTING DOCUMENTS WITH COURT ADMINISTRATION AND PAY ANY REQUIRED COURT FEE File the original forms and supporting documents with court administration in the county where your case is located as soon as practical but no later than 5 days before the scheduled hearing. The original "Response to Motion to Modify Child Support" The original "Affidavit in Support of Responsive Motion" The original "Financial Affidavit for Child Support" The original "Affidavit of Service" Filing by facsimile: Any paper may be filed with the court by facsimile (fax). If documents are filed by fax, the original documents must not be filed, but you must keep all original documents and make them available to the court or any party upon request. Form 11.2 You must file copies of all supporting documents (such as pay stubs, tax returns, verification of medical/dental insurance costs or expenses, child care expenses, disability payments) and attach one Form 11.2 to supporting documents that contain confidential information (see Step 3). Be certain to blacken out all social security numbers and financial account numbers that appear on any other document not under cover of Form 11.2. Check your documents to make sure all blanks are filled in, especially on the Affidavit of Service and the motion. All papers served must be identical copies of the original forms and supporting documents filed with the court. Court Fees Pay the $100 modification fee at the time you file this motion. If you did not pay an initial filing fee when this case first began, you will be asked by court administration to pay the initial filing fee and library fees as well as the $100 modification fee before your responsive / counter motion can be heard by the court. Court administration will be able to tell you if you have paid the initial filing fees. If you cannot afford to pay the fee, you may qualify to have the filing fee and motion fee waived by the court. You will need to fill out an In Forma Pauperis application (available from court administration or the court website) and file it with court administration. Your application will be reviewed by a child support magistrate or judge who will decide whether you must pay the fee. If the magistrate or judge does not sign an order that waives the fee, you must be prepared to pay the fee. STEP 8 APPEAR AT THE HEARING Come to court on the date and time scheduled for the hearing. Be sure to bring with you your copy of the "Response to Motion to Modify Child Support", "Affidavit in Support of Responsive Motion", "Financial Affidavit for Child Support", and all of your supporting documents. You must bring enough copies of any supporting documents not already filed with the court nor served on all the parties so that a copy can be given to all parties and the court.

CSX301

State

ENG

Rev 07/09

www.mncourts.gov/forms

Page 5 of 5