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Motion To Modify Form. This is a Maine form and can be use in District Court Statewide.
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Tags: Motion To Modify, CV-062, Maine Statewide, District Court
STATE OF MAINE
SUPERIOR COURT
DISTRICT COURT
Location
Docket No.
, ss.
Docket No.
Plaintiff
v.
MOTION TO MODIFY
Child Support Only
Defendant
1. Circumstances have changed substantially since the Court's Judgment or Order in this case,
dated _________________. The changes concern the following issues (Check the boxes that
apply) :
Parental Rights and Responsibilities
Primary Physical Residence of the minor child(ren)
Rights of contact or visitation with the minor child(ren)
Child Support
Spousal Support (Alimony)
Other: _______________________________________________________________
2.
If this motion involves any children in this case, complete subparagraphs A thru E. If not, go on to paragraph 3.)
A. Plaintiff and Defendant are the parents of the following child(ren):
Name
Date of Birth
Present Address
_______________________
B. List below where and with whom the child(ren) have lived within the past 5 years.
Name and present address of
person child(ren) lived with
Dates child(ren) lived
with that person
Town and State where child(ren)
lived with that person
C. Plaintiff has not been involved in any way in, and has no information about, another court
case in any state concerning the custody of the child(ren), except as follows:
Protection from Abuse
Protective Custody
Other (describe what kind of other case)
D. No one other than the parties has physical custody of the child(ren), or claims to have
custody or visitation rights with respect to the child(ren), except as follows:
CV-062, Rev. 06/98
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E. (Check all of the boxes that apply)
(1) No public assistance benefits have ever been received for the child(ren).
(2) Public assistance benefits have been, are now, or will be received for the
child(ren).
(3) The Department of Human Services has been contacted to review, change
or enforce a child support order regarding the child(ren).
I f you check box 2 or 3, you must send a copy of this motion to the Department of Human Services, Support
Enforcement Division, Central Office Supervisor, 11 State House Station, Augusta, ME 04333-0011.
3. The changes in circumstances are: (Describe the substantial changes that have occurred since the
Judgment or Order and why you want the court to change the judgment or order.)
(If more room is needed, you may continue this statement on a separate sheet of paper which should be signed
under oath and attached to this motion)
4. I ask the Court to review the Judgment or Order and make the following changes:
(If you ask for a change in the primary residence of any child or a change in the amount of child support, you must
attach a completed child support affidavit & child support worksheet and proposed child support order.)
WHEREFORE, I ask the Court to modify those portions of the judgment or order as
requested in paragraph 4, order the other party to pay my court costs in this case, including
reasonable attorney's fees, and grant such other relief as the Court deems just and proper.
Date:
Signature of
Plaintiff
Defendant
Address of Attorney:
Address: ____________________________
____________________________
Phone: ____________________________
STATE OF MAINE
_______________________County
Personally appeared the above named
Plaintiff
Defendant ___________________________
and made Oath that the foregoing statements, including those in any attached sheet(s), are true.
Before me,
Date:
Attorney at Law / Notary Public / Deputy Clerk
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IMPORTANT WARNING TO RESPONDING PARTY
If this motion asks the court to modify (change) a child support order and you
object to the motion, you must request a hearing within 30 days from the date the
motion was served on you. To do this, send a written request to the court clerk.
You must also file with the court clerk a completed child support affidavit and child
support worksheet. These forms are available at the clerk’s office. You must send
copies of your request for hearing, affidavit and worksheet to the other party’s
attorney or, if the other party does not have an attorney, directly to the other party.
If this motion does not involve child support, you must file a written objection to
the motion within 21 days from the date it was served upon you. You must also
send a copy of your objection to the other party's attorney or, if the other party does
not have an attorney, directly to the other party.
Mediation is required if you and the other party disagree on any of the issues raised
in the motion.
Your failure to respond to the motion within the time limits will be considered a
waiver by you of all objections to the motion and may result in the court entering a
default judgment or order granting some or all of the relief requested in the motion.
NOTICE TO BOTH PARTIES
If this motion is filed in the District Court and involves minor children, you are required to
attend a case management conference at the court. Within two weeks after the moving party files in
court proof of service of the motion to modify and a child support affidavit, the court will notify
you of the date and time of the conference. The notice will be sent by regular mail.
If you fail to appear at the conference without good cause, any pleadings you have filed
may be dismissed, and an interim order, a default, or a default judgment may be entered in your
absence.
STATE OF MAINE
County of
, ss.
On
(date), I served the Motion to Modify upon Respondent by delivering a copy of same at
the following address: __________________________________________________________
to the above-named Respondent in hand.
to
was then residing at Respondent’s usual residence.
to
Respondent.
by (describe other manner of service):
Costs of Service:
Service: $
Travel $
Postage $
Other $
Total $
(name), a person of suitable age and discretion who
(name), who is authorized to receive service for
Signature of person making service
Title
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