Notice Of Motion And Motion To Stop Cost Of Living Adjustment {CSD-402}

CSD402 State ENG Rev 7/15www.mncourts.gov/formsPage 1 of 3State of Minnesota District Court County of:Select County Judicial District: Court File Number: Case Type: Petitioner (first, middle, last) and Respondent (first, middle, last) Intervenor In Re the Marriage of:Notice of Motion and Motion To Stop Cost of Living AdjustmentNOTICETO: Other Party: First Middle Last Street Address Apt. No. City State Zip CodePLEASE TAKE NOTICE that pursuant to Minn. Stat. 247 518A.75, the undersigned will bring a motion before the Honorable (Name of Judge, or Referee) , on (Date of hearing)at (Time) (a.m./p.m.) at the (Name of building where hearing to be held)County Courthouseor Government Center located at (Street address where hearing to be held) in the city of (City where hearing to be held)Minnesota, (check with court administrationclerk for hearing room number), and will ask the court to stop the cost of living adjustment on the child support and/or spousal maintenance. MOTION1. I request that the court issue an order to stop the cost of living adjustment from taking place. American LegalNet, Inc. www.FormsWorkFlow.com CSD402 State ENG Rev 7/15www.mncourts.gov/formsPage 2 of 32. The facts upon which I base my request are set forth in the attached Affidavit in Support of Motion to Stop Cost of Living Adjustment. Notice of Rights to Other Party 267 You must appear at the hearing. If you fail to appear at the hearing, the child support magistrate may issue an order granting the relief requested without further notice or hearing. 267 You have the right to object or respond to the changes I am requesting. 267 If you choose to respond, a written response must be served upon all parties and filed with the court at least five days before the hearing. 267 If you choose to respond and raise new issues other than the issues in this motion, a counter motion must be served upon all parties and filed with the court at least ten days before the hearing. 267 The court may, in its discretion, choose not to consider any documents you file with the court if they are not filed on time. 267 You have a right to legal representation. SettlementThis matter may be settled without a court hearing if all parties reach an agreement. To discuss a possible settlement, contact: (Name of person to contact to discuss settlement) at (Phone number of person to contact).Note: Person to contact for settlement should be the party bringing the action or the attorney, if an attorney is representing the party in this matter. Acknowledgments by Party Making Motion a. I am not serving or filing this document for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. b. The claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law. c. The allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery. d. The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief. American LegalNet, Inc. www.FormsWorkFlow.com CSD402 State ENG Rev 7/15www.mncourts.gov/formsPage 3 of 3e.The court may impose an appropriate sanction upon the attorneys, law firms, or partiesthat violate the above stated representations to the court, or are responsible for theviolation.f.I understand that the existing order remains in full force and effect and I must continue tocomply with that order until a new order is issued. Dated: Signature Name: Address: City/State/Zip: Telephone: E-mail address: Attorney for: American LegalNet, Inc. www.FormsWorkFlow.com