Free FAMILY COURT MATTER - Minnesota



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FAMILY COURT MATTER RESPONSE TO A REQUEST FOR TEMPORARY RELIEF PENDING FINAL HEARING WITH CHILDREN This packet contains the following documents: Instructions for completing the forms in this packet Responsive Notice of Motion and Motion for Temporary Relief Affidavit in Support of Responsive Motion for Temporary Relief Application for Temporary Relief Affidavit of Personal Service Affidavit of Service by Mail DIV1101 State ENG Rev 6/08 www.mncourts.gov/forms Page 1 of 20 IMPORTANT NOTICES USE THIS FORM ONLY IF YOU AND YOUR SPOUSE HAVE MINOR CHILDREN TOGETHER. COURT PERSONNEL AND THE COUNTY ATTORNEY'S OFFICE CANNOT HELP YOU FILL OUT THESE FORMS. THE COURT EXPECTS EVERY PERSON WHO APPEARS IN COURT WITHOUT A LAWYER TO KNOW THE LAW. IF YOU ACT AS YOUR OWN LAWYER, YOU MUST DO WHAT A LAWYER WOULD DO. YOU SHOULD SEE A LAWYER IF YOU DON'T KNOW

FAMILY COURT MATTER
RESPONSE TO A REQUEST FOR TEMPORARY RELIEF PENDING FINAL HEARING WITH CHILDREN

This packet contains the following documents:
Instructions for completing the forms in this packet Responsive Notice of Motion and Motion for Temporary Relief Affidavit in Support of Responsive Motion for Temporary Relief Application for Temporary Relief Affidavit of Personal Service Affidavit of Service by Mail

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IMPORTANT NOTICES
USE THIS FORM ONLY IF YOU AND YOUR SPOUSE HAVE MINOR CHILDREN TOGETHER. COURT PERSONNEL AND THE COUNTY ATTORNEY'S OFFICE CANNOT HELP YOU FILL OUT THESE FORMS. THE COURT EXPECTS EVERY PERSON WHO APPEARS IN COURT WITHOUT A LAWYER TO KNOW THE LAW. IF YOU ACT AS YOUR OWN LAWYER, YOU MUST DO WHAT A LAWYER WOULD DO. YOU SHOULD SEE A LAWYER IF YOU DON'T KNOW HOW TO ANSWER THE QUESTIONS ON THESE FORMS OR IF YOU THINK THE OTHER PARTY WILL HIRE A LAWYER. YOU MUST FILL OUT ALL THREE FORMS INCLUDED IN THIS PACKET AND YOU MUST FOLLOW THE INSTRUCTIONS INCLUDED WITH THIS PACKET. TYPE YOUR ANSWERS OR PRINT NEATLY USING DARK INK. IF YOU NEED MORE SPACE TO ANSWER A QUESTION, USE AN ADDITIONAL FULL SHEET OF PAPER.

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.

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INSTRUCTIONS
You should use this packet of forms if your spouse has served you with a Motion for Temporary Relief. If you disagree with anything in your spouse's Motion papers, you must prepare your response using the forms in this packet. It is important to: 1. 2. 3. 4. Use the forms in this packet and fill them out completely. (Steps 1-3) Follow the instructions on how and when to "serve" your spouse. (Step 5) (Serving means getting a copy of all of your papers to your spouse or his/her attorney.) Follow the instructions on when to file your papers with the Court. (Step 7) Go to the court hearing.

Why is it important to follow the instructions? The instructions explain the technical requirements contained in the court rules and laws. If you do not properly serve and file your papers, the judge may deem your spouses' motion unopposed and may issue an order in favor of your spouse without a hearing. Furthermore, even if a hearing is held, the court may refuse to permit you to make an argument at the hearing. The judge may also order you to pay attorney's fees to your spouse or other penalties. If you carefully fill out the forms and follow the rules on serving and filing your papers, you protect your right to have your evidence and point of view considered by the judge. If you want to respond to anything raised by the other party in his/her papers you need to act quickly. See Steps 5 and 7 of these Instructions for details on deadlines for serving and filing your written response. Generally, your written response must be personally served on your spouse or his/her attorney at least five (5) days before the hearing date. The hearing date is on the first page of the Motion you received from your spouse. If you want to raise new issues at the hearing the other party has scheduled, your written response must be personally served on the other party at least ten (10) days before the hearing.

Step 1 Fill Out the Responsive Notice of Motion and Motion for Temporary Relief Form
Fill out the Responsive Notice of Motion and Motion for Temporary Relief form included in this packet. This form tells the court and the other party your response to the other party's request. FILL IN THE TOP PART OF THE FORM The information to fill out the top part of the form can be found at the top of the Petition for Dissolution of Marriage. This information is known as "the caption," and will be the same on every form you fill out. Fill in the "Case No." as found at the top of the Petition for Dissolution of Marriage.

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On the line marked "Name of Petitioner," write the full name of the Petitioner as found on the Petition for Dissolution of Marriage. On the line marked "Name of Respondent," write the name of the Respondent as found on the Petition for Dissolution of Marriage. Check off whether the other party is listed as the Petitioner or Respondent in this case. Write the full name and street address of the other party. On the line marked "Please Take Notice," write in the date, time, name of judicial officer and location of the hearing the same as in the other party's Notice of Motion and Motion for Temporary Relief.

FILL OUT THE REST OF THE FORM
The instructions that follow are numbered the same as the questions on the Responsive Notice of Motion and Motion form. 1. Mediation - A mediator is a person outside the court system who helps the parties to reach an agreement to settle their differences, instead of having someone else (the judge) decide for the parties. NOTE: The court cannot order you and your spouse to attend mediation if you or the other party allege domestic violence. Check off whether you want the court to order you and the other party to use a mediator to attempt to reach an agreement regarding one or more of the issues listed. If YES, then check off which issue(s) you would like a mediator to help you with. Legal Custody - Identifies which parent(s) will have a right to make decisions about important issues in the lives of the child(ren), including the educational, religious and medical upbringing of the child(ren). Check off the type of temporary legal custody you would like the court to order. a. Joint legal custody Both you and the other parent will have an equal right to make decisions regarding the educational, religious and medical upbringing of the child(ren). Sole legal custody Only one parent will have the right to make decisions regarding the educational, religious and medical upbringing of the child(ren).

2.

b.

3.

Physical Custody - Identifies which parent(s) the child(ren) will live with. A parent who DOES NOT have physical custody usually has a right to parenting time with the child(ren). Parenting time was formerly called "visitation." Check off which type of temporary physical custody you would like the court to order: a. Joint physical custody

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The child(ren) will live with both you and the other parent based on a schedule that meets the needs of the child(ren). Write in your proposed schedule on the lines provided. b. Sole physical custody The child(ren) will live with one parent and have parenting time with the other parent.

4.

Parenting Time - Check off whether temporary parenting time with the child(ren) should be supervised or unsupervised. Fill in the temporary parenting time schedule that you believe best meets the needs of the child(ren). NOTE: Supervised parenting time is not likely to be ordered unless unsupervised visits will cause harm to the child(ren). Child support is money parents pay for the care, support and education of the child(ren). It may include a monthly court ordered amount for basic support, child care support and medical support. The Minnesota Department of Human Services (DHS) has created a child support calculator to estimate the amount of child support that the court may order on a case. The calculator is on the DHS website at: http://childsupportcalculator.dhs.state.mn.us/. To answer this question, check off how you would like the Court to decide the issue of temporary child support. a. Check box (a) if the child(ren) will live with you and you want the other party to pay you a monthly child support amount, and then fill in the amount that should be paid. Check box (b) if you will be paying temporary child support to the other parent and then fill in the amount that should be paid.

5.

b.

NOTE: You may be able to ask to pay/receive more or less than the guideline amount. If you want to ask for an amount other than the guideline amount, read Minn. Stat. 518A.43 and explain why you want to deviate from the guideline amount, and how much you want child support to be. You can get a copy of the statute at the law library or online at http://www.leg.state.mn.us/leg/statutes.asp. 6. Maintenance - Formerly called "alimony," maintenance is an amount paid by one spouse to the other to help cover living costs and personal expenses. Check off how you would like the court to decide the issue of temporary maintenance. Check box (a) if neither you nor the other party should receive temporary maintenance. Check box (b) if you do not want the court to decide the issue of maintenance at this time. Check box (c) if you want the other party to pay you a specific amount for temporary maintenance, and then fill in that amount. Attorney's Fees - Check off how you would like the court to decide the issue of attorney's fees. Check box (a) if you want the court to order you and the other party to

7.

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each pay your own attorney's fees. Check box (b) if you want the other party to pay some or all of your attorney's fees, and then fill in the amount that the other party should pay you. Check box (c) if you do not want the court to decide the issue of attorney's fees at this time. 8. Evaluation and Counseling - Check off whether you would like the court to order an evaluation or counseling. If YES, check the type of evaluation or counseling you want the court to order. Use of Your Home - Check off how you would like the court to temporarily divide use and possession of the home and who should pay the mortgage and other expenses for the home: Check (a) if you alone want to have sole use and possession of your home until the final decree is issued. Check off who will pay the mortgage and other expenses for the home. Check (b) if you want your spouse to have sole use and possession of your home until the final decree is issued. Check off who will pay the mortgage and other expenses for the home. Check (c) if both you and your spouse should share use and possession of your home until the final decree is issued. Write in the expenses for the home and who should pay each housing expense. 10. Household Goods, Furniture and Furnishings - Check off how you would like the court to temporarily divide the use and possession of the household goods, furniture and furnishings: Check (a) if both you and your spouse should keep the use and possession of the items you each now have in your possession until the final decree is issued. Check (b) if you should have sole use and possession of certain items until the final decree is issued and then list those items. Check (c) if your spouse should have sole use and possession of certain items until the final decree is issued and then list those items. 11. Vehicles - The court may temporarily allow you and your spouse to use and possess certain vehicles. The court may also order one party to make loan payments and insurance payments on a vehicle, even if that party does not have use and possession of the vehicle. If you and your spouse own any vehicles, check box (a) and for each vehicle list the year, make and model, and then identify to whom use and possession of the vehicle should be temporarily awarded and who should be responsible for the payment of

9.

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the vehicle's loan and insurance. If you and your spouse do not own any vehicles, check box (b). 12. Debt Payments - If you and your spouse have debts, check box (a) and for each debt that you and/or the other party have, write in the name of the creditor (to whom you owe the money), the account number, the total balance owed, the amount to be paid each month and who should pay the debt each month. If you and your spouse do not have any debts, check box (b). Insurance - By law, all currently available insurance coverage must be maintained and continued without change in coverage or beneficiaries. Check off whether you want the court to allow you to change certain insurance policies covering you, the other party or minor child(ren). If YES, write in the policy and the changes that you wish to make. Reinstate Insurance - Check off whether you want the court to order the other party to reinstate insurance that (s)he allowed to lapse. If YES, write in the insurance that should be reinstated. Income Changes - Check off whether you want the court to order the other party to immediately notify you of any income raises, bonuses, or other extra income, including tax returns. Spend Income - Check off whether you want the court to order the other party to not spend any income raises, bonuses, or other extra income, including tax refunds. Restraints - By law, you and your spouse are not allowed to dispose of any assets except for the necessities of life, by a written agreement, or to pay for an attorney. Paragraph 17 does not require you to write anything. Check off whether you want the court to allow you to sell, give away, or discard property that may belong to you, the other party, or the parties together and explain why. Harassing Behavior - By law, you and your spouse cannot harass each other. You do not need to write anything for this paragraph/question. Check off whether you want the court to grant additional relief. If YES, write in the specific additional requests. You do not need to write anything for paragraph/question 21. Read the Acknowledgment and sign it. Minnesota law requires the attorneys and parties proceeding pro se to sign the acknowledgment. By signing this, you are verifying that your legal papers are not being presented for any improper purpose (such as to harass the other party or to delay the proceeding), that the law allows you to take this action; your statements are true and supported by evidence. If you

13.

14.

15.

16.

17.

18.

19.

20.

21.

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are denying the other party's statements, your denial also must be supported by evidence. Sign the Responsive Notice of Motion and Motion for Temporary Relief form. Fill in the date, your address and telephone number.

Step 2 Fill Out the Affidavit in Support of Responsive Motion for Temporary Relief With Children form
Fill out the Affidavit form included in this packet. This form gives the court the information it needs to make a decision. FILL OUT THE TOP PART OF THE FORM: Fill out the top part of the form the same way you did on your Responsive Notice of Motion and Motion for Temporary Relief form in Step 1 above. On the blank line after it says "STATE OF MINNESOTA, COUNTY OF in the name of the County where you are when you sign this Affidavit form. Write your name on the line above the first numbered paragraph. FILL OUT THE REST OF THE FORM: The instructions that follow are numbered the same as the questions on the Affidavit form. 1. Check off whether you are the Petitioner or Respondent in this case as listed in the top part of the form (caption) the same way you did on the Responsive Notice of Motion and Motion for Temporary Relief With Children. Check off whether a juvenile court (child protection, delinquency or foster care) case is or is not currently taking place in Minnesota or in another state. If YES, list the county, state and case file number(s). Check off whether an Order for Protection involving you and the other party or the child(ren) exists in Minnesota or in another state. If YES, list the county, state, case file number(s), and date of the order. Attach a copy of the Order for Protection. Write in the number of minor child(ren) that you and your spouse have together, including child(ren) born to you before or after your marriage and any child(ren) adopted into your marriage. For each child, fill in the full name, date of birth, and age. Check off whether the child(ren) currently live(s) with you or your spouse or another person. If your child(ren) live(s) with another person, write in that person's relationship ," fill

2.

3.

4.

5.

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to the child(ren). Write in your child(ren)'s current address, and the date the child(ren) moved to that address. 6. Check off who should have temporary legal custody of your child(ren) the same way you did on your Responsive Notice of Motion and Motion for Temporary Relief With Children form and the reasons you think this is best for your child(ren). Write down your response to paragraph 6 in the other party's Affidavit. Check off who should have temporary physical custody of the child(ren) the same way you did on your Responsive Notice of Motion and Motion for Temporary Relief With Children. Write in why your request is best for the child(ren). Include as many details and facts as possible for each factor listed so the court can make a decision. The court considers 13 factors to determine custody if there is no custody order. (See Minnesota Statute Section 518.17). Write in why you think your request regarding physical custody is in the best interests of your child(ren). Include details about each of the 13 factors: (1) the wishes of the child(ren)'s parents as to custody; (2) the reasonable preference(s) of the child(ren), if the court deems the child to be of sufficient age to express a preference; the child(ren)'s primary caretaker; the intimacy of the relationship between each parent and the child(ren); the interaction and interrelationship of the child(ren) with a parent or parents, siblings, and any other person who may significantly affect the child(ren)'s best interests; the child(ren)'s adjustment to home, school and community; the length of time the child(ren) has/have lived in a stable, satisfactory environment and the desirability of maintaining continuity; the permanence, as a family unit, of the existing or proposed custodial home; the mental and physical health of all individuals involved; except that a disability, as defined in section 363A.03, of a proposed custodian or the child(ren) shall not be determinative of the custody of the child(ren), unless the proposed custodial arrangement is not in the best interests of the child(ren).

7. 8.

9.

(3) (4) (5)

(6) (7)

(8) (9)

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(10)

the capacity and disposition of the parties to give the child(ren) love, affection, and guidance, and to continue educating and raising the child(ren) in the child(ren)'s culture and religion or creed, if any; the child(ren)'s cultural background; the effect on the child(ren) of the actions of an abuser, if related to domestic abuse, as defined in section 518B.01, that has occurred between the parents, or between a parent and another individual, whether or not the individual alleged to have committed domestic abuse is or ever was a family or household member of the parent; and except in cases in which a finding of domestic abuse as defined in section 518B.01 has been made, the disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child(ren).

(11) (12)

(13)

10. 11.

Write down your response to paragraphs 7 and 8 in the other party's Affidavit. Check off whether you are asking for supervised or unsupervised parenting time the same as you did in paragraph 4 of your Responsive Notice of Motion and Motion for Temporary Relief With Children, and explain why you want the parenting time to be supervised or unsupervised. If you are asking for supervised parenting time, be specific about the reasons you believe the other parent's parenting time should be supervised. The court will grant parenting time that enables the child(ren) and the noncustodial parent to maintain a parent-child relationship that will be in the best interests of the child(ren). If you are requesting supervised parenting time or other limits, write in the things that have happened and are likely to happen that will put the child(ren)'s physical and/or emotional health in danger, or will impair the child(ren)'s emotional development if the parenting time is unsupervised. Write down your response to paragraph 9 of the other party's Affidavit. Explain why you want the parenting time schedule that you asked for in your Responsive Notice of Motion. Include as many facts as possible to show the court that your proposed schedule is in the best interests of the child(ren). If there are limits, such as no overnight parenting time, explain why the court should order these limits. If your parenting time schedule is different from the other party's write down your response to paragraph 10 of the other party's Affidavit. Fill in your gross income monthly and the source for that income, such as work, MFIP, Worker's Compensation, Unemployment Compensation, etc. Next, fill in the information for your spouse's gross monthly income and source. To calculate GROSS (before taxes) MONTHLY income:

12. 13.

14.

15.

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If you are paid one time per month, write the gross monthly amount on the line. If you are paid two times per month, (such as on the 1st and 15th of the month), add together these two gross amounts, and write that amount on the line. If you are paid every other week, multiply the gross amount from one paycheck by 26 (the number of times you are paid each year), and write that amount on the line. If you are paid only one time per year, divide that gross amount by 12 and write that amount on the line. 16. Check your request regarding temporary spousal maintenance the same as you did in your Responsive Notice of Motion. If you are asking for temporary spousal maintenance, fill in the amount you need each month from your spouse and explain why you are not able to support yourself. Tell the court about your work history, whether you earn more or less now than you did before, whether you have any medical, physical or psychological problems that limit your ability to work and any other facts that make it difficult or impossible to support yourself. Write down your response to paragraph 12 of the other party's Affidavit. Check whether you are asking the court to order your spouse to pay your attorney's fees the same as you did in your Responsive Notice of Motion. Explain why you need your spouse to pay your attorney's fees. Check the evaluations that you asked for in your Responsive Notice of Motion. Explain your reasons why the court should order your spouse to have these evaluations. Be specific. Write down your response to paragraph 14 in the other party's Affidavit. Check who should temporarily live in your house the same as you did in your Responsive Motion. Explain your reasons why the court should grant your request. Be specific. Write down your response to paragraph 15 of the other party's Affidavit. Check whether you and your spouse have divided your personal property, household goods and furniture the same as you did in your Responsive Notice of Motion. If you and your spouse have not divided the personal property, explain the specific items that you want and why you should have them. Explain the specific items your spouse should have and why (s)he should have them. Check whether you or your spouse own motor vehicle(s) the same as you did in your Responsive Notice of Motion. If you or your spouse own motor vehicle(s), write in the motor vehicle(s) you want and the reason(s) you should have the vehicle(s). Then, write in the motor vehicle(s) your spouse may have and the reason(s) your spouse should have the vehicle(s).

17. 18.

19.

20. 21.

22. 23.

24.

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Check if you are going to make the payments and the insurance costs for your motor vehicle(s) the same way you did in your Responsive Notice of Motion. If you want your spouse to make these payments, write in why your spouse should be ordered to do this. Check if your spouse is going to make the payments and the insurance costs for his or her motor vehicle(s). If not, explain who will make these payments and why. 25. Check whether you and your spouse have debts. If there are debts, explain in detail who should pay the debt and why that person should be ordered to pay that debt. Check whether you want to change any insurance policies the same way you did on your Responsive Notice of Motion. If you want to change any policy, write the name of the policy you want to change, what the change will be, and why you want to change it. Check whether there is insurance you want reinstated. If YES, explain what insurance has lapsed or has been cancelled, when it lapsed or was cancelled, who let it lapse or had it cancelled, and why it should be reinstated. Check if you asked the court in your Responsive Notice of Motion to order your spouse to notify you of any salary or wage increases, bonuses or other extra income. Check all possible sources for this increased income or list the specific sources. If YES, write in why you need this information. Check whether you want the court to order your spouse not to spend or use other income. If YES, explain why you want the court to order this. If you asked the court in your Responsive Notice of Motion to allow you to sell or otherwise dispose of specific property or items. List the specific property or items here and then explain why the court should grant you permission to sell or otherwise dispose of this property or these items. If you asked the court for additional relief, explain why the court should grant this request.

26.

27.

28.

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30.

31.

DO NOT DATE AND SIGN YOUR AFFIDAVIT UNTIL YOU ARE IN THE PRESENCE OF A NOTARY PUBLIC OR COURT ADMINISTRATOR/DEPUTY. MAKE SURE TO BRING PICTURE IDENTIFICATION WITH YOU TO SHOW TO THEM.

Step 3 Fill Out the Application for Temporary Relief Form
Fill out the Application for Temporary Relief form included in this packet. This form gives the court background information regarding you and the other party. FILL OUT THE TOP PART OF THE FORM:

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Fill out the top part of the form the same way you did on your Responsive Notice of Motion and Motion for Temporary Relief With Children form in Step 1 above. On the right hand-side of the page, check whether this is the Application of the Petitioner or the Respondent. On the blank line after it says "STATE OF MINNESOTA, COUNTY OF in the name of the County where you are when you sign this Application. Write in your name. Check the box that identifies you as Petitioner or Respondent, and then as Wife or Husband. FILL OUT THE REST OF THE FORM: The instructions that follow are numbered the same as the questions on the Application. 1. Fill in the date you and the other party were married, and the ages of the Wife and the Husband. Fill in how long you and the other party have been separated (for example: 0 months, 7 months), and the amount, if any, that has been paid by the Husband or Wife to the other during the period of separation. a. Fill in the name, date of birth, and age of each child(ren) born to or adopted into your marriage. Fill in who the child(ren) live(s) with (Wife or Husband or both parties) and print the address where the child(ren) live(s). Check whether the parties' home is owned or rented. Check whether the Husband, Wife or both parties now live(s) in the home, and list other people who live in the home, including the child(ren). Physical custody identifies with whom the child(ren) will live until the final decree is issued. Check whether temporary physical custody of the child(ren) should be with Husband, Wife or both parties, and explain why. List the number of children, if any, the Wife has from a prior marriage or relationship, and the amount of money the Wife pays or receives for the support of the child(ren). List the number of children, if any, the Husband has from a prior marriage or relationship, and the amount of money the Husband pays or receives for the support of the child(ren). ," fill

2.

3.

b.

c.

d.

e.

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4.

a.

Under the column labeled "Wife," list the market value, balance due, and year and make of all cars owned or used only by the Wife. Under the column labeled "Husband," list the market value, balance due, and year and make of all cars owned or used only by the Husband. Under the column labeled "Wife," list the market value of all stocks, bonds and notes ONLY in the Wife's name. Under the column labeled "Husband," list the market value of all stocks, bonds and notes ONLY in the Husband's name. Under the "both" column, list the market value of all stocks, bonds and notes in the names of BOTH the Husband and the Wife. Under the column labeled "Wife," list the amount of cash and savings in ONLY the Wife's name. Under the column labeled "Husband," list the amount of cash and savings in ONLY the Husband's name. Under the "both" column, list amount of cash and savings in the names of BOTH the Husband and the Wife. Under the column labeled "Wife," list the value of all accounts receivable in ONLY the Wife's name. Under the column labeled "Husband," list the value of all accounts receivable in ONLY the Husband's name. Under the "both" column, list the value of all accounts receivable in the names of BOTH the Husband and the Wife. Under the column labeled "Wife," list the market value of all real property listed ONLY in the Wife's name. Under the column labeled "Husband," list the market value of all real property listed in ONLY the Husband's name. Under the "both" column, list the market value of all real property listed in the names of BOTH the Husband and the Wife. List the name of each creditor with whom the parties have a secured debt. A secured debt is one for which you have pledged collateral. Do not include as a secured debt any debt listed in question 4 (including cars or home). List the balance due on each secured debt. List the monthly payment for each secured debt. List whether the Husband or Wife or both parties are obligated to pay for each secured debt. List the security pledged for each secured debt.

b.

c.

d.

e.

5.

a.

b. c. d.

e. 6.

Under the column labeled "Wife/Husband Expenses," circle whether you are the Wife or the Husband and then list the amount of your necessary monthly expenses. In the column labeled "Children/Expenses," list the necessary monthly expenses of your child(ren), whether you pay for that expense, and whether the child(ren)'s expenses are separate

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from your expenses. Make sure you list the MONTHLY amount, and NOT the ANNUAL amount. If you pay an item only one time per year (for example: life insurance), figure out what the monthly cost is by dividing the annual amount by 12. 7. Write your GROSS (before taxes) MONTHLY income (see your answer to question 15 in Step 2 above when you filled out the Affidavit in Support of Motion for Temporary Relief), then do the same for the other party. Check the box if you filed a Financial Affidavit for Child Support with your initial divorce papers (e.g., the petition or the answer you have already filed with the court). The information in the Financial Affidavit and the attachments, such as pay stubs or tax returns, will be in the court file as proof of your income and other financial information needed to calculate child support. If you did not file a Financial Affidavit for Child Support with your initial papers, you should include that document and attachments when you file these papers for temporary relief. You can ask the court administrator for a copy or you can get a copy at www.mncourts.gov/forms under the Other category. 8. a. If you want the child(ren) to live with YOU, write $0.00. If you want the child(ren) to live with THE OTHER PARTY, write in the amount that you believe is a reasonable monthly amount for temporary child support (see your answer to question 5 in Step 1 above when you filled out the Responsive Notice of Motion and Motion for Temporary Relief). This is the amount that you would pay to your spouse for the temporary care and support of the child(ren) for food, clothing and other necessities of life, until the final decree is issued. If you want the child(ren) to live with THE OTHER PARTY, write $0.00. If you want the child(ren) to live with YOU, write in the amount that you believe is a reasonable monthly amount for temporary child support (see your answer to question 5 in Step 1 above when you filled out the Responsive Notice of Motion and Motion for Temporary Relief). This is the amount that your spouse would pay to you for the temporary care and support of the child(ren) for food, clothing and other necessities of life, until the final decree is issued. Write in the amount you believe is a reasonable monthly amount for your temporary maintenance (alimony). This is the amount that the other party would pay to you to help cover your costs for food, clothing, and other necessities of life until the final decree is issued. If you are asking for child support or maintenance, write in the date on which payment should begin. Write in the amount (if any) that has been paid by the Wife toward her attorney's fees and costs. If you don't know, write "unknown."

b.

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d.

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b.

Write in the amount, if any, that has been paid by the Husband toward his attorney's fees and costs. If you don't know, write "unknown." Write in the amount that you would like the other party to pay toward your attorney's fees and costs and then check whether you are the Wife or Husband.

c.

10.

List any other material and relevant facts that you believe support your requests for the temporary relief listed in your Responsive Notice of Motion and Motion and your Application for Temporary Relief.

DO NOT DATE AND SIGN YOUR APPLICATION UNTIL YOU ARE IN THE PRESENCE OF A NOTARY PUBLIC OR COURT ADMINISTRATOR/DEPUTY. MAKE SURE TO BRING PICTURE IDENTIFICATION TO SHOW TO THEM. A Notary Public can usually be found at a bank.

Step 4 Make Copies of the Forms
1. Make two copies of the Responsive Notice of Motion and Motion form, two copies of the Affidavit and two copies of your Application form and any attachments. Keep one copy of each form for yourself (make sure to bring your copies with you to court on the day of your hearing). Step 5 tells you how to serve the second copy of each form upon the other party. Step 7 tells you what to do with the originals of the forms.

2.

3. 4.

Step 5 Serve Notice on the Other Party
You must arrange for the other party to receive complete copies of all documents you have prepared for the hearing. This is called "service of process." A party to an action is not allowed to serve the other party to the action. You MUST have someone else who is over the age of 18 serve copies of the 3 forms on your spouse.

TO SERVE THE PAPERS BY MAIL, FOLLOW THESE INSTRUCTIONS:
1. The server (not you) places one copy of the completed Responsive Notice of Motion and Motion form, one copy of your Affidavit in Support of Responsive Motion, and one copy of the completed Application for Temporary Relief (and all attachments) in an envelope. Then, the server writes your return address and the last known address of the other party on the front of the envelope. The server then places the correct amount of postage on the

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envelope (the server may want to take the envelope to the post office to have it weighed to insure the correct amount of postage). 2. The server must mail the envelope containing the forms to the other party at least 8 days before the hearing date. If you want to raise new issues at the hearing the other party has scheduled, the server must mail the envelope containing the forms to the other party (or his/her attorney, if there is one) at least 13 days before the hearing date. Your responsive papers must be filed with the Court Administrator at least five (5) days before the hearing date, (or at least ten (10) days before the hearing date if your papers raise new issues.) You can mail your forms to the court, but you must put them in the mail at least 8 days before the hearing date, (or at least 13 days before if your papers raise new issues.)

3.

TO SERVE THE INSTRUCTIONS:
1.

PAPERS

PERSONALLY,

FOLLOW

THESE

The server (not you) hands to the other party, one copy of the completed Responsive Notice of Motion and Motion form, one copy of your Affidavit in Support of Responsive Motion, and one copy of the completed Application for Temporary Relief (and all attachments) The server must give the papers to the other party at least five (5) days before the hearing date. If you want to raise new issues at the hearing the other party has scheduled, the server must give the papers to the other party at least ten (10) before the hearing date. Your responsive papers must be filed with the Court Administrator at least five (5) days before the hearing date, (or at least ten (10) days before the hearing date if your papers raise new issues.) You can mail your forms to the court, but you must put them in the mail at least 8 days before the hearing date, (or at least 13 days before if your papers raise new issues.)

2.

3.

WARNING: IF THE OTHER PARTY (OR HIS/HER ATTORNEY) IS NOT SERVED ON TIME, YOUR MOTION WILL NOT BE HEARD BY THE COURT. Step 6 The Person that Served the Papers on the Other Party Must Fill Out the Affidavit of Service Form
If your server mailed your legal papers to the other party, see "A" below. If your server personally handed your legal papers to the other party, see "B" below.

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A.

After the envelope containing the forms has been mailed to the other party, then the server (the person who mailed the forms to the other party) must fill out the Affidavit of Service by Mail form included in this packet. This form proves to the court that your papers were mailed to the other party. 1. Fill out the top part of the form the same way you did on your Responsive Notice of Motion and Motion form in Step 1 above. On the blank line after it says "State of Minnesota, County ," fill in the name of the county where the server was when (s)he signed the Affidavit of Service by Mail. Fill in the name of the person who mailed the envelope. Fill in the date of birth of the person who mailed the envelope. Fill in the date the envelope was placed in the mail. List the papers that were actually mailed. Fill in the full name of the person to whom the documents were mailed (the other party). Write in the address of the other party where the papers were mailed. Write in the name of the city and state where the post office was located from which the documents were mailed. THE SERVER (PERSON WHO MAILED THE ENVELOPE) MUST NOT SIGN THE AFFIDAVIT OF SERVICE BY MAIL UNTIL (S)HE IS IN THE PRESENCE OF A NOTARY PUBLIC OR COURT ADMINISTRATOR/DEPUTY. MAKE SURE THE SERVER BRINGS PICTURE IDENTIFICATION WITH HIM/HER TO SHOW TO THEM. After it has been signed, make one copy of the Affidavit of Service by Mail for your records.

2.

3. 4. 5. 6. 7.

8. 9.

10.

11.

B.

After the server has personally handed your papers to the other party's attorney, or if none to the other party, the server must fill out the Affidavit of Personal Service form included in this packet. This proves to the court that the other party received a copy of your legal papers. 1. Fill out the top part of the form the same way you did on your Responsive Notice of Motion and Motion form in Step 1 above.

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2.

On the blank line after it says "State of Minnesota, County ," fill in the name of the county where the server was when (s)he signed the Affidavit of Personal Service. Fill in the name of the person who hand-delivered the documents. Fill in the date of birth of the person who hand-delivered the documents. Fill in the date that the papers were personally served (handed to the other party or the other party's attorney). List the papers that were actually hand-delivered. Fill in the full name of the person to whom the papers were given. THE SERVER (PERSON WHO HAND-DELIVERED THE PAPERS) MUST NOT SIGN THE AFFIDAVIT OF PERSONAL SERVICE UNTIL (S)HE IS IN THE PRESENCE OF A NOTARY PUBLIC OR COURT ADMINISTRATOR/DEPUTY. MAKE SURE THE PERSON BRINGS PICTURE IDENTIFICATION TO SHOW TO THE NOTARY PUBLIC OR COURT ADMINISTRATOR/DEPUTY. After it has been signed, make one copy of the Affidavit of Personal Service for your records.

3. 4. 5.

6. 7. 8.

9.

Step 7 File the Forms With the Court
Hand deliver the following original documents to the Court Administrator at least 5 days before the date of the hearing, (or at least 10 days before the hearing it the response raises new issues.) You can mail them to the court, but you must put them in the mail at least 8 days before the hearing (or at least 13 days before the hearing if the response raises new issues.) The original of your Responsive Notice of Motion and Motion for Temporary Relief; The original of your Affidavit in Support of Responsive Motion for Temporary Relief With Children; The original of your Application for Temporary Relief, and all attachments; The original of your Affidavit of Service;

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A memorandum of law, if you have one; (discussing how the law applies to your situation and facts) A filing fee; if applicable. If you did not pay a filing fee when this case was first begun, you will now need to pay the filing fee. Contact court administration to find out the amount of the filing fee. Make checks payable to "Court Administrator." If you cannot afford to pay the filing fee, a judge may waive it under certain circumstances. Ask court administration for an In Forma Pauperis (IFP) application or download the forms at www.mncourts.gov/forms. You need to fill out this application and sign it in front of a Notary Public or Court Administrator/Deputy. A Judge who will determine whether you must pay the filing fee will review this application. If the Judge does not sign the IFP form that waives the fee, you must be prepared to pay the filing fee, or the Court Administrator cannot accept your forms.

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File Size: 218.1 kB
Pages: 20
Date: June 13, 2008
File Format: PDF
State: Minnesota
Category: Court Forms - State
Author: Administration
Word Count: 7,640 Words, 42,859 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.courts.state.mn.us/forms/public/forms/Divorce__Dissolution/Response_to_Temporary_Relief_with_Children/DIV1101.pdf