STATE OF MAINE DISTRICT COURT Location Docket No. ____________________ ____________________________________ Plaintiff vs. CASE MANAGEMENT ORDER ____________________________________ Defendant Upon due notice to the parties, a Case Management Conference was held in this matter. The following were present: Plaintiff Plaintiff’s Attorney Defendant Defendant’s Attorney Dept. of Health & Human Serv. Assistant Attorney General Guardian Ad Litem Other: _____________________________________________________________ As a result of the conference, the Court finds and Orders as follows: 1. OTHER RELEVANT CASES. A. Protection from Abuse Order(s) affecting the parties or their children. None Prior order(s) no longer in effect Order(s) currently in effect (Name & location of all courts, docket numbers and dates of all current and prior orders.) B. Criminal case(s) affecting contact between the parties or between a party and the child(ren). None Pending case(s) Completed case(s) (Name & location of all courts, docket numbers and dates of all current and prior orders.) C. Existing child support order(s): D. Other cases that may affect this one: 2. MINOR CHILD(REN) OF THE PARTIES. The parties, together, have _______ minor child(ren) whose name(s) and date(s) of birth is/are: _________________________ (Born: ___________) _________________________ (Born: ___________) _________________________ (Born: ___________) _________________________ (Born: ___________) 3. FAILURE TO APPEAR (if applicable). Plaintiff Defendant has failed to enter an appearance or file an answer or appear at the case management conference. A default is entered against that party, and the clerk shall enter the default pursuant to M.R.Civ.P. 55(a). 4. WRITTEN AGREEMENT OF THE PARTIES. The parties' written agreement, dated ______________ , is incorporated, but not merged, in this Order. 5. PATERNITY (if applicable). The parties agree that they are the parents of the child(ren) in this case and paternity is not an issue. The parties disagree and paternity testing is ordered as follows: ______________________________________________________________________________________ The parties disagree on paternity, and testing is complete. FM-138, Rev. 09/05 American LegalNet, Inc. www.USCourtForms.com 6. PARENTAL RIGHTS AND RESPONSIBILITIES. The parties are unable to agree on any issues regarding parental rights and responsibilities. The parties have reached an Interim Final agreement on parental rights and responsibilities. The parties written agreement referenced in paragraph 4 above is hereby made the order of the Court. Pursuant to the parties Interim Final agreement, the attached Schedule of Parental Rights and Responsibilities is incorporated herein by reference and made the order of the Court. After hearing, having failed to appear, the attached Schedule of Parental Rights and Responsibilities is incorporated herein by reference and made the order of the Court. 7. CHILD SUPPORT, HEALTH INSURANCE, INCOME WITHHOLDING. The parties are unable to agree on child support or health insurance. The parties agree on an Interim Final Child Support Order and Immediate Income Withholding Order. The attached Child Support Order is incorporated herein by reference. A proposed Child Support Order will be submitted to the Court within 14 days. After hearing, having failed to appear, the attached Child Support Order and Immediate Income Withholding Order are incorporated herein by reference and made the order of the Court. The court enters a Job Search Order, which is attached hereto and incorporated herein by reference. 8. VIOLATION OF FOREGOING ORDERS REGARDING THE MINOR CHILD. The parties are cautioned that a violation of any of the foregoing provisions of this Order concerning their parental rights and responsibilities may result in a finding of contempt by the Court and the imposition of fines and sanctions which might include, but would not be limited to, additional or more specific terms and conditions regarding their parental rights and responsibilities. 9. PROPERTY AND DEBTS. The parties are unable to agree on responsibility for debts or occupancy of the family residence. The parties have reached the following A. Plaintiff B. Plaintiff real estate: Other: C. Interim Final agreement: Defendant shall have the right to the exclusive possession of the real estate. Defendant shall be solely responsible for payment of the following items relating to the mortgage(s) installments taxes insurance repairs utility charges Responsibility for recurring debts as follows: . D. Other: . 10. SPOUSAL SUPPORT, HEALTH INSURANCE, INCOME WITHHOLDING. The parties are unable to agree on spousal support or health insurance. The parties agree on an Interim Final Spousal Support Order and Conditional Income Withholding Order. Beginning Plaintiff Defendant shall pay spousal support in the amount of $ per week month The attached Spousal Support Order is incorporated herein by reference. A proposed Spousal Support Order will be submitted to the Court within 14 days. . FM-138, Rev. 09/05, pg 2 American LegalNet, Inc. www.USCourtForms.com Plaintiff pending. Defendant shall maintain health insurance for the benefit of the other party while this case is . 11. ISSUES AND OTHER MATTERS REMAINING IN DISPUTE. Parental Rights & Responsibilities Primary Residence Actual or Imputed Income of party Spousal Support Marital vs. Non-marital property Pensions or Benefits Guardian Ad Litem Apptmt./Fees Paternity Uninsured Medical Expenses Tax exemption Rights of Contact Child Support Real Estate Support Arrearage Allocation of Debt Personal Property Medical Insurance Attorney’s Fees Other: ___________________________ 12. MEDIATION. The parties are ordered to attend mediation, as follows: Mediation is scheduled for _____________________ at __________ a.m./p.m. with (name of mediator). The parties shall obtain a date for mediation from the clerk. The parties desire to engage in private mediation prior to the next court date. Mediation has been completed. The court mediation fee shall be paid as follows: Plaintiff shall pay $ no later than Defendant shall pay $ no later than . . The mediation fee has been waived by the Court. Mediation is waived for the following good cause: 13. ATTORNEY'S FEES. No later than Plaintiff Defendant shall pay $ to the other party’s attorney for attorney's fees incurred or to be incurred by the other party in this case. 14. OTHER DOCUMENTS / DISCOVERY: Financial Statement to be filed 15. NEXT COURT EVENT: Important note: If a party fails to appear for the event scheduled below, the matter may proceed to final hearing in that party’s absence. PRETRIAL OR STATUS CONFERENCE. Trial counsel and parties are required to attend a pretrial or status conference on ___________________ at ______ ____ a.m./p.m. Telephonic Conference Call to be held on ___________________ at ______________ a.m./p.m. to initiate call. INTERIM HEARING. An interim hearing will be held on at a.m./p.m. before a Magistrate Judge. Estimated length of hearing: FINAL HEARING. A final hearing will be held on at a.m./p.m. before a Magistrate Judge. Estimated length of hearing: __________________ TRAILING TRIAL LIST. This case is assigned to the Trailing Trial List for before a Judge. Estimated length of hearing: __________________ FM-138, Rev. 09/05, pg 3 American LegalNet, Inc. www.USCourtForms.com 16. EDUCATION. Plaintiff Defendant ordered to attend by Plaintiff Defendant must file a certificate of completion of the educational program with the Clerk’s Office prior to a final hearing in this matter. 17. OTHER: __________________________________________________________________________ 18. DOCKET ENTRY. The clerk is directed to make the following entry in the civil docket pursuant to M.R.Civ.P. 79(a). “Case Management Order filed. Plaintiff defaulted. Defendant defaulted. Mediation scheduled for at Plaintiff to pay $ by Waived $ Defendant to pay $ by Waived $ Next court hearing date: Pretrial/Status Conference on at Interim Hearing on at Final Hearing on at Trailing Trial list for Orders filed with this Order: Agreement or Schedule of Parental Rights and Responsibilities Child Support Order Immediate Income Withholding Order Spousal Support Order Conditional Withholding Order The Case Management Order is incorporated into the docket by reference at the specific direction of the court.” Date: _________________________ Copies of this Order: provided to the parties in hand . ___________________________________________ Judge / Magistrate mailed by the Clerk Notice to the Parties Pursuant to Title 4 M.R.S.A. § 183(1)(E), the parties are hereby notified of their right to have an interim order reviewed de novo at any final hearing before a judge of the District Court. Final Orders are subject to a 21 day objection period and appellate review as provided in Family Division Rule III(G). FM-138, Rev. 09/05, pg 4 American LegalNet, Inc. www.USCourtForms.com