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Notice Of Motion And Motion To Reinstate Child Support Interest CSX-1302 - Minnesota
| Notice Of Motion And Motion To Reinstate Child Support Interest Form. This is a Minnesota form and can be used in Child Support District Court Statewide . |
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NOTICE OF MOTION AND MOTION TO REINSTATE CHILD SUPPORT INTEREST INSTRUCTIONS AND FORMS STEP 1 FILL OUT THE "NOTICE OF MOTION AND MOTION TO REINSTATE CHILD SUPPORT INTEREST" FORM STEP 1a: 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. STEP 1b: Fill in the name and last known address of the other party and the county attorney's office. DO NOT fill in the date, time, and location of the hearing yet. You will fill in this information as part of Step 3 below. Fill in the date when you are requesting that child support interest should start charging. Fill in the name and phone number of the person to contact to settle this matter STEP 1c: STEP 1d: STEP 2 FILL OUT THE "AFFIDAVIT IN SUPPORT OF MOTION TO REINSTATE CHILD SUPPORT INTEREST" FORM STEP 2a: Fill in the top of the form the same way you did on your "Notice of Motion and Motion to Reinstate Child Support Interest" form in Step 1a above. Provide all necessary information for Question 2 that explains to the court why child support interest should once again be collected on the child support arrearage. Attach any relevant documentation to the "Affidavit in Support of Motion" form, if it helps to support your request. Blacken out (cross out) completely all social security numbers, tax identification numbers, and financial account numbers that appear on your documents. ONLY DATE AND SIGN YOUR "AFFIDAVIT IN SUPPORT OF MOTION" WHEN YOU ARE IN FRONT OF A NOTARY PUBLIC OR ENG Rev 8/05-D www.courts.state.mn.us/forms Page 1 of 4 American LegalNet, Inc. www.FormsWorkflow.com STEP 2b: STEP 2c: NOTE! STEP 2d: CSX1301 State 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 OBTAIN A HEARING DATE, TIME, AND LOCATION FROM THE COUNTY COURT ADMINISTRATOR STEP 3a: Contact the Court Administrator's Office in the county where your case is located. Tell the Court Administrator that you will be filing a motion to reinstate child support interest in the Expedited Child Support Process and need a date, time, room number, and address for a hearing. The hearing date must be at least 17 days away from the date the documents are mailed to the other party and the county attorney's office. Count the day after it is mailed as Day 1. Using the information you received from the Court Administrator, fill in the following on the "Notice of Motion and Motion to Reinstate Child Support Interest" form. STEP 4 MAKE COPIES OF FORMS Step 4a: After the forms are completely filled out, make three copies of your motion form and three copies of your "Affidavit in Support of Motion" form and three copies of any attachments. Keep one copy of each form and one copy of all attachments for yourself (make sure to bring your copies with you to court on the day of your hearing). STEP 5 HAVE COPIES OF THE DOCUMENTS SERVED ON THE OTHER PARTY AND COUNTY AGENCY You must arrange for the other party and the county attorney's office to receive 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. Personal service means the documents are hand delivered to the other party personally or leaving the documents at the other party's place of residence with some person who is 18 years or older who also lives at the same residence. If the other party is represented by an attorney, the documents must be served on the attorney instead of the party. 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 at least 14 days before the hearing date. If using mail service, the envelopes containing 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 17 days before the hearing date. If your documents are not personally served upon the other party (or his/her attorney) and the county attorney's office at least 14 days before the hearing date, or mailed upon the other party (or his/her attorney) and the county attorney's office at least 17 days before the hearing date, your motion may not be heard by the court. CSX1301 State ENG Rev 8/05-D www.courts.state.mn.us/forms Page 2 of 4 American LegalNet, Inc. www.FormsWorkflow.com STEP 3b: Step 4b: NOTE! YOU CANNOT SERVE 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 documents must fill out an "Affidavit of Service" form for each party served. You will need to make additional copies of the blank "Affidavit of Service" form. NOTE! THE PERSON WHO HAND DELIVERS OR MAILS THE DOCUMENTS 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 7 FILE THE FORMS WITH THE COURT ADMINISTRATOR AND PAY ANY REQUIRED COURT FEE The following original documents must be filed with court administration in the county where your case is located at least 14 days prior to the scheduled hearing. · The original of the "Notice of Motion and Motion to Reinstate Child Support Interest". · The original of the "Affidavit in Support of Motion to Reinstate Child Support Interest". · The "Affidavit of Service". You must attach copies of any supporting documents to your "Affidavit in Support of Motion to Reinstate Child Support Interest". Be certain to blacken out all social security numbers that appear on any document you are attaching. Court Fees You must be prepared to pay any court fee, if applicable, at the time of f
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