MOTION TO INCREASE COURT EMPLOYEES ARE PROHIBITED FROM HELPING YOU MITH THESE FORMS, 1. Obtain fille number and correct title of your case from FILING SECTION. 2. Check to see if there is a filing fee due from the FILING SECTION. 3. Fill out the form COMPLETELY. Have your signature notarized by one of the clerks. 4. Make three copies of the form and also copies of any attachments. 5. You must obtain your hearing date from the Family Court Assignment Division. (Address list in step 7) 6. You are required to have a copy of your papers served and have the party doing service complete the attached affidavit of service. 7. File the ORIGINAL motion with your proof of service with: Family Court Filing 760 Ramsey County Government Center West 50 W. Kellogg Blvd. St. Paul, MN. 55102 _________________________________________________________________________________ Obligor Obligee Affiant Petitioner/ Plaintiff Respondent/ Defendant Moving party The person paying support The person receiving support Refers to you, the person bringing on the motion The person who originally began the court action The second party in the original court action Refers to you, the person bringing on the motion 2001 © American LegalNet, Inc. CUSTODIAL PARENT'S NOTICE OF MOTION AND MOTION AND AFFIDAVIT MODIFICATION OF CHILD SUPPORT PLEASE READ THIS CAREFULLY BEFORE PROCEEDING FURTHER The attached forms are for use by individuals who are entitled to receive child support or maintenance. With them you can request a modification of your court order. They were not designed to bring other matters before the court. The forms are for an individual representing themselves or for an attorney. A court order for child support or maintenance may be changed by showing: 1. Substantially increased or decreased earnings of a party. 2. Substantially increased or decreased need of a party or the child(ren) of this court order. 3. Receipt of public assistance. 4. A change in the cost-of-living for either party as measured by the Federal Bureau of Labor Statistics. AND that the condition makes the terms of the court order unreasonable and unfair. Unless a party shows otherwise, the court will presume your order is unreasonable and unfair if you show that application of the child support guidelines to current circumstances results in an order that is at least 20 percent and at least $50 per month higher or lower than the current court order. THE ATTACHED FORMS ARE NOT A SUBSTITUTE FOR USE OF AN ATTORNEY Using these forms will not guarantee that you will be successful in the court hearing. You must be as accurate and detailed as possible when you fill out the affidavit. The court needs to see your circumstances clearly before it can change your support order. Minnesota law requires you to file, along with your affidavit, documentation of your income. This includes but is not limited to W-2 forms, tax returns, 1099s, payroll check stubbs, and statements and receipts of income if self-employed. If the court finds that a parent is voluntarily unemployed or underemployed it must impute or attribute income to that person based upon evidence of their earning ability or at least minimum wage. When you have completely filled out the affidavit, you must have your signature witnessed before a notary public. When you have filled out the Notice of Motion and Motion and Affidavit and signed them, make two or three copies, one for you and one for the other party. You must file the originals of the papers with the Court Administrator's office before the hearing. This must be done at least 14 days before the hearing. You may or may not have to pay a filing fee. Check with the Court Administrator. You may serve the other party by mail or by personal service. This must be done by May 1992 2001 © American LegalNet, Inc. someone other than yourself who is over 18 years old. The other -party must receive a copy of the papers at least 14 working days before the hearing. You should allow at least 3 additional days for mailing. You must have filled out an affidavit of service by mail or by personal service. It must be signed before a notary public. This affidavit gets attached to the original papers that get filed with the Court Administrator's office. When you attend the hearing you will be asked if you have taken all reasonable steps to settle this matter out of court. You must try to reach the other parties (or their attorneys) in person, by phone, or in writing to try to settle this matter. Before the hearing, you must tell the court how you have tried to settle it. May 1992 2001 © American LegalNet, Inc. STATE OF MINNESOTA DISTRICT COURT SECOND JUDICIAL DISTRICT COUNTY OF RAMSEY _____________________________ FAMILY COURT DIVISION _________________________ _________________________ Petitioner -vs_________________________ NOTICE OF MOTION AND MOTION File Number ____________ _________________________ Respondent TO THE ABOVE NAMED TAKE NOTICE, that on the _________ day of ______________,_______at ________ M (time) of said day in Room 760 Of RAMSEY GOVERNMENT CENTER WEST, of RAMSEY County, ST. PAUL., Minnesota, before ________________________________ (Judge, Referee or Administrative Law Judge) the undersigned, on all the files, records, and proceedings herein and upon the attached affidavit, will move the Court for an order pursuant to Minnesota Statutes, sections 518.64, 518.641, or 256.87 for a modification of the support and/or maintenance obligation as the Court deems appropriate. The grounds for this motion are stated in the attached affidavit. All responsive pleadings shall be served and mailed to or filed with the court administrator no later than five days prior to the scheduled hearing. The court may, in its discretion, disregard any responsive pleadings served or filed with the court administrator less than five days prior to such hearing in ruling on the motion or matter in question. If the responding party wants to raise new issues, other than responding to the issues in this motion, they must serve a notice of motion and motion, any affidavits and supporting exhibits, and any memorandum of law at least 10 days before the hearing. The undersigned hereby requests that judgment be entered immediately (rather than stayed for 30 days as provided in General Rule of Practice 125). Dated: ____________,______ May 1992 ______________________________ ______________________________ ______________________________ ______________________________ (Signature, name, address, and phone number of moving party) STATE OF MINNESOTA COUNTY OF RAMSEY DISTRICT COURT SECOND JUDICIAL DISTRICT FAMILY COURT DIVISION ________________________ ________________________ Full Name Petitioner CUSTODIAL PARENT'S AFFIDAVIT -vs________________________ File Number ___________ ________________________ Full Name Respondent _________________________,BEING FIRST DULY SWORN, DEPOSES AND SAYS: 1. I am the Petitioner/Respondent (circle one) in the above-entitled action. 2. That I am the custodial parent of: Child's name:__________________________ Birthdate:_____________ Child's name:__________________________ Birthdate:_____________ Child's name:__________________________ Birthdate:_____________ 3. That the Respondent/Petitioner, hereinafter referred to as the obligor, by order of the ________________________ District Court dated __________________ , was ordered to make child support payments of $ _________ per _____________ effective ___________________________ (week,/month) for the support of said children. 4. That at the time of the above order, I was (check appropriate boxes) ______Separated _____Divorced _______ Unmarried, and ____ Living alone with my child(ren) ____ Living with relatives ____ Sharing a household with nonrelatives ____ Remarried, and my spouse was employed at ___________________________(company or occupation) and earned $ _______ per weekly/monthly (circle one). 5. That my net monthly income at the time of the order was $ _______ per month from __________________________ (employer and/or AFDC or other source). 6. That my net monthly income at the present time is $ ___________ from ______________________________ (source). May 1992 -27. That my child(ren's) monthly income at the time. of the order was $ ____________ from _____________ (source) and at the present time is $ ____________ from _____________ (source). 8. That my monthly expenses at the time of the previous Order for child support and the present time compare as follows: (If remarried, expenses reflect total household expenses.) House Payment/Rent (Circle one) Real Estate Taxes Insurance Homeowners Car Health and Dental Life Date of Order _____________ _____________ _____________ _____________ _____________ _____________ _____________ Present Date _____________ _____________ _____________ _____________ _____________ _____________ _____________ Utilities Gas Electricity Telephone Water (average) Garbage (average) Cable TV ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ ______________ Food Clothing Laundry/dry cleaning Personal Allowances & Incidentals _______________ _______________ _______________ _______________ ______________ ______________ ______________ ______________ Dental Expenses ______________ ______________ Medical Expenses ______________ ______________ Transportation Expenses Car payment License Gasoline Repairs ______________ ______________ ______________ ______________ ______________ _______________ _______________ _______________ _______________ _______________ Recreation/Entertainment ______________ _______________ Babysitting/Day Care ______________ _______________ Children's special needs (sports/school/hobbies,etc.) Allowances _______________ _______________ _______________ _______________ _______________ ________________ _______________ _______________ TOTAL MONTHLY EXPENSES Present spouse's child support Obligation MAY 1992 -3Date of Order Charge Accounts and/or Loans (list): _______________________________ ____________ _______________________________ ____________ _______________________________ ____________ _______________________________ ____________ _______________________________ ____________ 8. 9. 10. 11. 12. 13. Present Date _____________ _____________ _____________ _____________ _____________ That, to the best of my knowledge, the obligor is currently employed at _____________________________ and earns $ _______ per _______________, with a monthly net income of $ _________. That, to the best of my knowledge, at the present time of the above child support order, the obligor was employed at ________________________________ (specify if unemployed) and earned $ __________ per _______________. That at the present time, the obligor is: _____Remarried and his/her spouse is employed at _______________. _____Unmarried That I request an increase/decrease in my child support/spousal (underline) (underline) maintenance due to: (check appropriate boxes) _____Substantially increased or decreased earnings of a party. _____Substantially increased or decreased need of a party or the _____child(ren) of this court order. _____Receipt of public assistance. _____A change in the cost-of-living for either party as measured by the Federal Bureau of Statistics. Application of the child support guidelines to the current situation results in an order that is at least 20 percent and at least $50 higher or lower than the current order. ____Yes ____ No I would like to make the following additional comments in support of my motion: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ ___________________________ Signature (signed in presence of notary public) Subscribed and sworn to before me This ______day of ____________,________ __________________________ Notary Public This Affidavit must be signed before a Notary Public. May 1992 J STATE OF MINNESOTA DISTRICT COURT SECOND JUDICIAL DISTRICT FAMILY COURT DIVISION COUNTY OF RAMSEY _______________________________________ Petitioner/Plaintiff AFFIDAVIT OF SERVICE VS. File No. ____________________ _______________________________________ Respondent/Defendant I hereby certify that I properly served the attached Notice of Motion and Motion and Affidavit upon: Name ______________________________________________ Address ____________________________________________________ Street ____________________________________________________ City, State, Zip (Check one): on: __________________, __________ _____by personal delivery _____by U.S. Mail ____________________________________________________ Signature Subscribed and sworn to before me, this ______ day of ____________________, _________. __________________________________________ Notary Public/Deputy Clerk Return completed Affidavit to: Ramsey County Family Court 760 Ramsey County Government Center West 50 West Kellogg Blvd. St Paul MN 55102 _____________________________________________________ Printed Name