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Notice Of Motion And Motion To Modify Child Support And Or Spousal Maintenance CSD-202 - Minnesota
| Notice Of Motion And Motion To Modify Child Support And Or Spousal Maintenance Form. This is a Minnesota form and can be used in Child Support District Court Statewide . |
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DISTRICT COURT INSTRUCTIONS - MOTION TO MODIFY CHILD SUPPORT AND/OR SPOUSAL MAINTENANCE YOU CAN USE THIS PACKET OF FORMS ONLY IF: (1) (2) (3) There is already an existing court order setting or reserving child support and/or spousal maintenance; You are asking the court to change child support, medical support, child care, and/or spousal maintenance; and You are filing this motion to be heard in district court, because you are not receiving public assistance or child support enforcement services (Title IV-D services) from the local human services department. If you are receiving Title IV-D services, you must use the expedited child support process forms. You cannot use this form to ask the court to change parenting time (visitation) or custody THE COURT CANNOT GRANT A REQUEST TO MODIFY AN EXISTING CHILD SUPPORT ORDER USING THE INCOME SHARES MODEL UNTIL JANUARY 1, 2008, OR UNDER LIMITED EXCEPTIONS, UNTIL JANUARY 1, 2007. CONTACT AN ATTORNEY OR OTHER LEGAL SERVICES PROVIDER FOR MORE INFORMATION. · · · · Court personnel 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 these forms. You must fill out all three forms included with this packet and you must follow the instructions included with this packet. Type your answers or print neatly using dark ink. GENERAL INFORMATION When filling out the forms be as accurate and as detailed as possible. This will help the court to clearly understand your circumstances. The hearing will be held before a district court judge. A court order for child support and/or spousal maintenance may be changed only by showing that the current order is unreasonable and unfair because of: · Substantial increase / decrease in earnings; · Substantial increase / decrease in need of a party or the child(ren) involved in this court order; · Receipt of public assistance; · Receipt of disability payments for you or the child(ren) involved in this court order; · A change in the cost of living for either party as measured by the Federal Bureau of Labor Statistics; · A change in the availability or cost of medical and/or dental insurance coverage or expenses of the child(ren), yourself, and/or former spouse involved in this court order; · The addition, elimination, or substantial increase / decrease of work-related or education-related child care expenses for the child(ren) involved in this court order; · Child(ren) attaining the age of 18, graduating from high school, joining the military, or living independently; · A change in the residence of the child(ren). If you are now ordered to pay child support and are requesting child 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/have changed residence CSD201 State ENG Rev 9/05-D www.courts.state.mn.us/forms Page 1 of 6 American LegalNet, Inc. www.FormsWorkflow.com · · School records Day care records or medical records CSD201 State ENG Rev 9/05-D www.courts.state.mn.us/forms Page 2 of 6 American LegalNet, Inc. www.FormsWorkflow.com INSTRUCTIONS STEP 1 FILL OUT THE "NOTICE OF MOTION AND MOTION TO MODIFY CHILD SUPPORT/SPOUSAL MAINTENANCE" 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/maintenance 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 where your case is located. DO NOT fill in the date, time, and location of the hearing. You will fill in this information as part of Step 4 below. 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. Fill in the name and phone number of the person to contact to settle this matter. STEP 2 FILL OUT THE "AFFIDAVIT IN SUPPORT OF MOTION TO MODIFY CHILD SUPPORT/SPOUSAL MAINTENANCE" FORM STEP 2a: Fill in the top of the form the same way you did on your "Notice of Motion and Motion" form in Step 1a above. Fill in the answers to questions 1 through 15 on the "Affidavit in Support of Motion". If a question does not apply to you, then answer "does not apply." 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 1c: STEP 1d: STEP 2b: STEP 2c: STEP 2d: CSD201 State Gather documents that support your reasons why the support order should be changed. ENG Rev 9/05-D www.courts.state.mn.us/forms Page 3 of 6 American LegalNet, Inc. www.FormsWorkflow.com Examples of these documents include the following: · Proof of your income (recent pay stubs or W-2 forms, copies of your tax returns for the most recent year, or business income and business expenses if you are self employed) · Proof of your expenses, if they are the reason you are asking for the child support and/or maintenance order to be changed · 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. "Sealed Financial Source Documents" Form 11.2 can be found at the end of this packet. Certain information is considered confidential and not available to the public. To keep this information priv
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