Minnesota > Statewide > District Court > Child Support
Response To Notice Of Motion And Motion To Stop Accrual Of Child Support Interest CSX-502 - Minnesota
| Response To Notice Of Motion And Motion To Stop Accrual Of Child Support Interest Form. This is a Minnesota form and can be used in Child Support District Court Statewide . |
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RESPONSE TO MOTION TO STOP ACCRUAL OF CHILD SUPPORT INTEREST INSTRUCTIONS AND FORMS STEP 1 FILL OUT THE "RESPONSE TO MOTION TO STOP ACCRUAL OF CHILD SUPPORT INTEREST" FORM This form requests the court to deny the motion to stop the accrual of interest on child support arrears. 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. 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 1c: STEP 1d: STEP 2 FILL OUT THE "AFFIDAVIT IN SUPPORT OF RESPONSIVE MOTION" FORM STEP 2a: 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 in Step 1a above. 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. STEP 2b: CSX501 State ENG Rev 8/05-D www.courts.state.mn.us/forms Page 1 of 3 American LegalNet, Inc. www.FormsWorkflow.com STEP 2c: 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 form and three copies of your "Affidavit in Support of Motion" form. 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 AGENCY 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 supporting documents 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. The documents must be delivered upon the other party (or his/her attorney if there is one) and the county attorney's office at least 5 days before the hearing date. If your documents are not personally served upon or mailed to the other party (or his/her attorney) and the county attorney's office at least 5 days before the hearing date, your motion may not be considered by the court. NOTE! YOU CANNOT PERSONALLY SERVE 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 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. You will need to make additional copies of the blank "Affidavit of Service" form. CSX501 State ENG Rev 8/05-D www.courts.state.mn.us/forms Page 2 of 3 American LegalNet, Inc. www.FormsWorkflow.com 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 6 FILE THE FORMS WITH THE COURT ADMINISTRATOR AND PAY ANY REQUIRED COURT FEE The following original documents must be filed with the court administrator in the county where your case is located as soon as practical but no later than 5 days before the scheduled hearing. · The original of the "Response to Notice of Motion and Motion to Stop Accrual of Child Support Interest". · The original of the "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 qualify to have the filing fee waived by the court. You will need to fill out an "In Forma Pauperis" application (available from the court administrator) and file it with the court administrator. 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 or the clerk cannot accept your forms. 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 8/05-D www.courts.state.mn.us/forms Page 3 of 3 American LegalNet, Inc. www.FormsWorkflow.com State of Minnesota County In Re the Marriage of: District Court Judicial District: Court File Number: Case Type: Plaintiff / Petitioner vs / and Defendant / Respondent Intervenor Response to Notice of Motion and Motion To Stop Accrual of Child Support Interest Notice Other Party: County Attorney's Office: _____________________________________ Name Name of County Attorney Street Address City, State, Zip _____________________________________ Street Address _____________________________________ City, State, Zip PLEASE TAKE NOTICE that at the hearin
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