Free INSTRUCTIONS - Minnesota

RESPONSE TO MOTION TO STOP ACCRUAL OF CHILD SUPPORT INTEREST INSTRUCTIONS 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. STEP 1 FILL OUT THE "RESPONSE TO MOTION TO STOP ACCRUAL OF CHILD SUPPORT INTEREST" FORM The purpose of this form is to request that the court deny the motion to stop the accrual of interest on child support arrears. 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 county attorney's office. Fill in the date, time, and location of the scheduled hearing, as indicated on the Notice of Motion and Motion. Fill in the date of the existing order on the line provided. Sign and date the last page. Include your address and telephone number. STEP 2 FILL OUT THE "AFFIDAVIT IN SUPPORT OF RESPONSIVE MOTION" FORM Fill in the top of the form the same way you did on your "Response to Notice of Motion and Motion To Stop Accrual of Child Support Interest" form. Write out your reasons why the court should deny the request to stop interest from accruing on the child support debt or arrearage. Be specific in your reasons and indicate how your reasons are supported by law.

CSX501

State

ENG

Rev 3/08-D

www.mncourts.gov/forms

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ONLY DATE AND SIGN YOUR "AFFIDAVIT IN SUPPORT OF MOTION" 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. STEP 3 MAKE COPIES OF THE FORMS After the forms are completely filled out, make three copies of the motion and three copies of your "Affidavit in Support of Motion", and three copies of any attachments. Keep one copy of each form and all attachments for yourself (be sure to bring your copies with you to court on the day of your hearing). STEP 4 HAVE COPIES OF THE 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 documents you have prepared for the hearing. This is called "service of process." A copy of the motion, affidavit, and any attachments 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. Documents must be hand delivered upon the other party (or his/her attorney if there is one) and the county attorney's office at least 14 days before the hearing date. Mail service: documents are mailed by first class U.S. mail to the other party at least 17 days before the hearing date. If your documents are not timely served upon the other party (or his/her attorney) or 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.

CSX501

State

ENG

Rev 3/08-D

www.mncourts.gov/forms

Page 2 of 3

STEP 5 COMPLETE THE "AFFIDAVIT OF SERVICE" FORM The person who hand delivers or mails the documents must fill out an "Affidavit of Service" form for each party served. NOTE! THE PERSON WHO HAND DELIVERS OR MAILS THE 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. STEP 6 FILE THE FORMS WITH COURT ADMINISTRATION AND PAY ANY REQUIRED COURT FEE File the original 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 Notice of Motion and Motion to Stop Accrual of Child Support Interest". · The original "Affidavit in Support of Responsive Motion". · The "Affidavit of Service". Court Fees You must be prepared to pay any court fee, if applicable, at the time of filing. If you did not pay an initial filing fee when this case first began, you will now need to pay the filing fee. If you cannot afford to pay the fee, you may ask a child support magistrate or judge for an order waiving the fee. 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 7 APPEAR AT THE HEARING Come to court on the date and time scheduled for the hearing. Be sure to bring with you your copies of the motion to stop child support interest, your responsive motion, and all of your supporting papers.

CSX501

State

ENG

Rev 3/08-D

www.mncourts.gov/forms

Page 3 of 3